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BALLERINA PEN COMPANY v. KUNZIG

No. 22799.

433 F.2d 1204 (1970)

BALLERINA PEN COMPANY et al., Appellants, v. Robert L. KUNZIG et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1970.

Petitions for Rehearing Denied May 8, 1970.

Attorney(s) appearing for the Case

Mr. Jennings Bailey, Jr., Washington, D. C., for appellants.

Mrs. Patricia S. Baptiste, Atty., Dept. of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for government appellees. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, Joseph M. Hannon, Gil Zimmerman, and Roger E. Zuckerman, Asst. U. S. Attys., also entered appearances for government appellees.

Mr. Duncan H. Cameron, Washington, D. C., for appellee, National Industries for the Blind.

Before BAZELON, Chief Judge, and TAMM and MacKINNON, Circuit Judges.

TAMM, Circuit Judge:

For the past few years the appellants have supplied the federal government with the ball point pens used assiduously by civil servants from the White House to the neighborhood post office. This commodity has traditionally been procured through the system of bidding generally used to obtain supplies for the government. Use of this system is required by the provisions of law governing public contracts, unless another provision authorizes procurement...

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