No. 2008-5034.

575 F.3d 1352 (2009)

WEEKS MARINE, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 10, 2009.

Attorney(s) appearing for the Case

Michael H. Payne, Payne Hackenbracht & Sullivan, of Fort Washington, Pennsylvania, argued for plaintiff-appellee.

L. Misha Preheim, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Jeanne E. Davidson, Director, and Harold D. Lester, Jr., Assistant Director. Of counsel on the brief was Thomas J. Warren, CPT, JA, Office of the Chief Counsel, Assistant Counsel for Procurement Law and Contract Disputes, United States Army Corps of Engineers, of Washington, DC.

Opinion for the court filed by Circuit Judge SCHALL, Dissenting opinion filed by Circuit Judge DYK.

SCHALL, Circuit Judge.

The United States appeals the November 16, 2007 amended final judgment of the United States Court of Federal Claims, which granted Weeks Marine, Inc. ("Weeks") a permanent injunction after sustaining its pre-award protest. In sustaining Weeks's protest, the court determined that the Army Corps of Engineers's ("Corps's") solicitation for indefinite duration indefinite quantity ("IDIQ") multiple-award task order contracts ("MATOCs") for dredging...


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