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R & W FLAMMANN GMBH v. U.S.

No. 03-5014.

339 F.3d 1320 (2003)

R & W FLAMMANN GmbH, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided August 7, 2003.

Attorney(s) appearing for the Case

John R. Keys, Jr., Winston & Strawn, of Washington, DC, argued for plaintiff-appellee.

Joseph Trautwein, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were David M. Cohen, Director; Brian M. Simkin, Assistant Director; and Allison Page, Trial Attorney. Of counsel on the brief were LTC Douglas K. Mickle and Major Paul T. Salussolia, U.S. Army Litigation Division, of Arlington, Virginia.

Before MAYER, Chief Judge, NEWMAN and LOURIE, Circuit Judges.

MAYER, Chief Judge.

The United States appeals the judgment of the United States Court of Federal Claims enjoining the Department of the Army from awarding a resolicited bid contract. R & W Flammann GmbH v. United States, 53 Fed.Cl. 647 (2002). Because the court erred as a matter of law, we reverse.

Background

In January 2001, the Army awarded Contract No. DAJA02-01-D-0007, the incumbent contract, to R & W Flammann GmbH ("Flammann...

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