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LABATT FOOD SERVICE, INC. v. U.S.

No. 2009-5017.

577 F.3d 1375 (2009)

LABATT FOOD SERVICE, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 24, 2009.

Attorney(s) appearing for the Case

Johnathan M. Bailey, Bailey & Bailey, P.C., of San Antonio, Texas, argued for plaintiff-appellee.

Steven M. Mager, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Steven J. Gillingham, Assistant Director.

Rebecca E. Pearson, Venable LLP, of Washington, DC, for amicus curiae U.S. Foodservice, Inc.

Before NEWMAN, MAYER, and SCHALL, Circuit Judges.

MAYER, Circuit Judge.

The United States appeals the judgment of the United States Court of Federal Claims, which issued a permanent injunction vacating the government's contract award to U.S. Foodservice, Inc. ("USF") and finding in favor of Labatt Food Service, Inc. ("Labatt") due to the government's failure to adhere to the solicitation's prescribed method of transmission in the procurement process. Labatt v. United States, 84 Fed.Cl. 50 (2008). Because Labatt...

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