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FISHER-CAL INDUSTRIES, INC. v. U.S.

No. 12-5155.

747 F.3d 899 (2014)

FISHER-CAL INDUSTRIES, INC., Appellant v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Lawrence J. Sklute argued the cause and filed the briefs for appellant.

Alan Burch , Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney. W. Mark Nebeker , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

Fisher-Cal Industries, Inc., filed a complaint in the district court, alleging that the United States Air Force violated the Administrative Procedure Act when the Air Force opted not to renew a contract for multimedia services with Fisher-Cal and decided instead to in-source the services. The district court dismissed the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1), concluding...

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