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DSE, INC. v. U.S.

Nos. 98-5265, 98-5368.

169 F.3d 21 (1999)

DSE, INC., d/b/a Dayron, Appellant/Cross-Appellee, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 1999.

Attorney(s) appearing for the Case

Kenneth A. Martin argued the cause and filed the briefs for appellant/cross-appellee.

Brian J. Sonfield, Assistant United States Attorney, argued the cause for the federal appellees. With him on the brief were Wilma A. Lewis, United States Attorney, Mark E. Nagle and R. Craig Lawrence, Assistant United States Attorneys, Glenn P. Harris, Trial Attorney, United States Small Business Administration, and Ralph Avery, Litigation Attorney, United States Department of the Army.

Michael R. Charness and John G. Horan were on the briefs for appellee/cross-appellant. Donald J. Kissinger, Jr. entered an appearance.

Before: WALD, HENDERSON and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Dae Shin Enterprises, Inc. ("DSE") brought a disappointed bidder action in the district court against the United States of America, seeking to enjoin performance of a procurement contract between the United States Army (the "Army") and the successful bidder, AMTEC Corporation ("AMTEC"). In support of its claim for injunctive relief, DSE alleged that a formal size determination of the Small...

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