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TURNER CONST. CO., INC. v. U.S.

No. 2010-5146.

645 F.3d 1377 (2011)

TURNER CONSTRUCTION CO., INC., Plaintiff-Appellee, v. UNITED STATES, Defendant, and McCarthy/Hunt, JV, Defendant, and B.L. Harbert-Brasfield & Gorrie, JV, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 14, 2011.

Attorney(s) appearing for the Case

Scott M. McCaleb , Wiley Rein, LLP, of Washington, DC, argued, for plaintiff-appellee. With him on the brief were William A. Roberts, III , and Nicole J. Owren-Wiest. , Of counsel was Brian G. Walsh. ,

David A. Edelstein , Asmar, Schor & McKenna, PLLC, of Washington, DC, argued for defendant-appellant. With him on the brief were Laurence Schor , Susan L. Schor , and Dennis C. Ehlers. ,

Before BRYSON, CLEVENGER, and PROST, Circuit Judges.

PROST, Circuit Judge.

The United States Army Corps of Engineers ("Army") awarded Appellee Turner Construction Company, Inc. ("Turner") a contract for the construction of a government hospital. Turner's two rival bidders for the contract, Appellant B.L. Harbert-Brasfield & Gorrie ("Harbert-Gorrie") and McCarthy/Hunt, each filed a bid protest with the Government Accountability Office ("GAO"). The GAO recommended that the contract be re-procured without Turner's...

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