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ALFA LAVAL SEPARATION, INC. v. U.S.

No. 98-5087.

175 F.3d 1365 (1999)

ALFA LAVAL SEPARATION, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Westfalia Separators, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 26, 1999.

Attorney(s) appearing for the Case

P. David Richardson, Sidley & Austin, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Gary P. Quigley and Scott E. Erlich. Of counsel was Richard Larach.

Monica J. Palko, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee, United States. On the brief were David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director, and Deborah Y. Ho, Attorney.

L. James D'Agostino, Reed Smith Shaw & McClay, LLP, of Washington, DC, argued for defendant-appellee Westfalia Separators, Inc. With him on the brief were John M. Wood, James P. Hodges, Andrew J. Hungerman IV, and Jason P. Matechak.

Before MAYER, Chief Judge, RADER and GAJARSA, Circuit Judges.

MAYER, Chief Judge.

Alfa Laval Separation, Inc. ("Alfa Laval") appeals the judgment of the Court of Federal Claims, Alfa Laval Separation, Inc. v. United States, 40 Fed.Cl. 215 (1998), denying injunctive relief in its post-award bid protest against the Department of the Navy ("the Navy") and Westfalia Separators, Inc. ("Westfalia"). Because Alfa Laval has demonstrated a significant, prejudicial error in the procurement process, we reverse and remand.

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