JWK INTERN. CORP. v. U.S.

No. 01-5091.

279 F.3d 985 (2002)

JWK INTERNATIONAL CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and LTM Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 20, 2002.


Attorney(s) appearing for the Case

Cyrus E. Philips, IV, of Washington, DC, argued for plaintiff-appellant.

Erin E. Powell, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director. Of counsel on the brief were Mitzi S. Phalen, and Russell Spindler.

Devon E. Hewitt, Shaw Pittman, of McLean, Virginia, argued for defendant. Of counsel on the brief were Alex D. Tomaszczuk, and Daniel S. Herzfeld.

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


MAYER, Chief Judge.

JWK International Corporation appeals the orders of the United States Court of Federal Claims granting the United States' and LTM's motion for judgment upon the administrative record, and denying JWK's motions for judgment upon the administrative record and preliminary injunction. See JWK Int'l Corp. v. United States, No. 01-26C (Fed. Cl. April 13, 2001). Because the Navy's decision not to conduct discussions with respect to JWK's cost proposal...

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