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SULZER BINGHAM PUMP v. LOCKHEED MISSILES

No. 91-35315.

947 F.2d 1362 (1991)

SULZER BINGHAM PUMPS, INC., a Delaware Corporation, Plaintiff-Appellee, v. LOCKHEED MISSILES & SPACE COMPANY, INC., a California Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1991.

Attorney(s) appearing for the Case

Frank Seiglitz, Pillsbury, Madison & Sutro, San Jose, Cal., for defendant-appellant.

James N. Westwood, Miller, Nash, Wiener, Hager & Carlsen, Portland, Or., for plaintiff-appellee.

Before KILKENNY, GOODWIN and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

This appeal arises out of an unusual dispute between a major government contractor and a subcontractor providing components for the United States Navy's Trident II nuclear submarines. The contractor, Lockheed Missiles & Space Company, awarded a subcontract to the low bidder for the subcontract, the appellee Sulzer Bingham Pumps, Inc. Sulzer Bingham's bid, however, was in fact millions of dollars lower than it would have been if Sulzer...

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