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DIXSON v. U.S.

No. 97-5036.

141 F.3d 1145 (1998)

Tom E. DIXSON and Diego Enterprises, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 15, 1998.

Attorney(s) appearing for the Case

Richard J. Webber, Arent Fox Kintner Plotkin & Kahn, Washington, DC, argued, for Plaintiffs-Appellants. On the brief were Mark Steven Kessler and Evangeline J. Larson, Kessler & Larson, San Diego, CA.

John C. Erickson, III, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued, for Defendant-Appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.

Before RICH, NEWMAN, Circuit Judges, and ARCHER, Senior Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Tom E. Dixson and Diego Enterprises (together "Dixson") appeal the decision of the United States Court of Federal Claims,1 holding that Dixson did not perfect its withdrawal of its bid and thus forfeited its earnest money and other sums. We reverse the judgment, and remand for repayment of the forfeited sums.

BACKGROUND

The facts are not in dispute...

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