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GALEN MEDICAL ASSOCIATES, INC. v. U.S.

No. 03-5113.

369 F.3d 1324 (2004)

GALEN MEDICAL ASSOCIATES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Deborah Downing MD, PLLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 20, 2004.

Attorney(s) appearing for the Case

Terry Wallace, of Ridgeland, Mississippi, argued for plaintiff-appellant.

Brian S. Smith, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee, the United States. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Mark Melnick, Assistant Director.

J. Michael Littlejohn, Wickwire Gavin, P.C., of Vienna, VA, argued for defendant-appellee, Deborah Downing, MD, PLLC. With him on the brief was Stephanie M. Himel-Nelson.

Before MICHEL, LOURIE, and DYK, Circuit Judges.

MICHEL, Circuit Judge.

Galen Medical Associates, Inc. ("Galen") appeals from the order of the United States Court of Federal Claims granting the motions of the government and Deborah Downing M.D., PLLC ("Downing") for judgment on the administrative record. Galen Med. Assocs. v. United States, 56 Fed.Cl. 104 (Fed.Cl.2003). We conclude Galen has failed to establish that the award of the contract to Downing was arbitrary, capricious, an abuse of discretion, or...

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