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NORFOLK DREDGING CO., INC. v. U.S.

Nos. 04-5040, 04-5041.

375 F.3d 1106 (2004)

NORFOLK DREDGING COMPANY, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Bean Stuyvesant, L.L.C., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 13, 2004.

Attorney(s) appearing for the Case

Michael H. Payne, Starfield & Payne, P.C., of Fort Washington, PA, argued for plaintiff-appellee. With him on the brief was Joseph A. Hackenbracht. Of counsel on the brief was Guilford D. Ware, Crenshaw, Ware & Martin, of Norfolk, VA.

Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Deborah A. Bynum, Assistant Director.

Jeffrey F. Lawrence, Sher & Blackwell, L.L.C., of Washington, DC, argued for defendant-appellant Bean Stuyvesant, L.L.C. With him on the brief was Heather M. Spring.

Before NEWMAN, RADER, and LINN, Circuit Judges.

Rehearing En Banc Denied August 13, 2004.

LINN, Circuit Judge.

Bean Stuyvesant L.L.C. ("Bean") and the United States ("Government") (collectively, "Appellants") appeal from a decision of the Court of Federal Claims granting summary judgment in favor of Norfolk Dredging ("Norfolk") and enjoining the Army Corps of Engineers ("Corps") from awarding a dredging contract to Bean. Norfolk Dredging Co. v. United States, 58 Fed.Cl. 741 (2003) ("Norfolk II...

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