ALABAMA AIRCRAFT INDUSTRIES, INC.—BIRMINGHAM, Plaintiff-Cross Appellant,
v.
UNITED STATES, Defendant-Appellant, and
The Boeing Company, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
November 17, 2009.
November 17, 2009.
Attorney(s) appearing for the Case
David R. Hazelton, Latham & Watkins LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Roger S. Goldman and Kyle R. Jefcoat.
Douglas K. Mickle, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With him on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director. Of counsel on the brief were Christopher L. McMahon and W. Michael Rose, Air Force Legal Operations Agency, United Stated Department of the Air Force, of Arlington, Virginia, and Kenneth C. Kitzmiller, Office of the Staff Judge Advocate, United States Department of the Air Force, of Tinker Air Force Base, OK.
Scott M. McCaleb, Wiley Rein LLP, of Washington, DC, argued for defendant-appellant The Boeing Company. With him on the brief were Rand L. Allen and Heidi L. Bourgeois.
Before NEWMAN, PLAGER, and MOORE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This is a post-award bid protest case. The Department of the Air Force (agency) awarded a billion-dollar-plus contract to the Boeing Company (Boeing) for long-term maintenance on the Air Force's fleet of KC-135 Stratotanker aircraft. Alabama Aircraft Industries, Inc.—Birmingham (AAII),1 an unsuccessful bidder on the contract, protested the award through the established administrative channels and eventually...
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