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DYNALANTIC CORP. v. DEPARTMENT OF DEFENSE

No. 96-5260.

115 F.3d 1012 (1997)

DYNALANTIC CORP., Appellant, v. DEPARTMENT OF DEFENSE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Daniel E. Johnson, Washington, DC, argued the cause for appellant, with whom Michael T. Janik was on the brief.

Daniel F. Van Horn, Assistant U.S. Attorney, Washington, DC, argued the cause for appellees, with whom Eric H. Holder, Jr., U.S. Attorney, John D. Bates and R. Craig Lawrence, Assistant U.S. Attorneys, were on the brief.

Before EDWARDS, Chief Judge, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Chief Judge HARRY T. EDWARDS.

SILBERMAN, Circuit Judge:

Dynalantic Corporation sued the Department of Defense and the Small Business Administration seeking to enjoin the procurement, under the government's so-called 8(a) contract set-aside program, of a flight simulator contract for which Dynalantic wished to bid. The district court held that Dynalantic did not have...

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