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McKNIGHT CONST. CO., INC. v. DEPARTMENT OF DEFENSE

No. 95-8811.

85 F.3d 565 (1996)

McKNIGHT CONSTRUCTION CO., INC., Plaintiff-Appellee, v. DEPARTMENT OF DEFENSE, William J. Perry, Secretary; Department of the Army, Togo D. West, Jr., Secretary, Robert C. Hoffman, Contracting Office, Savannah District of the United States Army Corps of Engineers, Defendants-Appellants, Conner Bros. Construction Co., Inc., Intervenor-Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 17, 1996.

Attorney(s) appearing for the Case

Robert D. Marshall, Griffin Cochrane & Marshall, PC, Atlanta, GA, Melissa Stebbins Mundell, Savannah, GA, Peter R. Maier, Anthony J. Steinmeyer, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, for Appellants.

Karl Dix, Jr., George Papaioanou, Smith Currie & Hancock, Atlanta, GA, John B. Long, Dye Tucker Everitt Wheale & Long, Augusta, GA, for Appellee.

Before KRAVITCH and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The Army Corps of Engineers ("Army") and Conner Brothers Construction Co., Inc., appeal the district court's grant of summary judgment in favor of McKnight Construction Co. Although McKnight was the low bidder on an Army construction project, McKnight's bid was rejected because it did not conform to the Army's guidelines. After the Army and the Comptroller General refused to accept McKnight's bid corrections, McKnight appealed to the district...

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