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ERVIN AND ASSOCIATES, INC. v. CISNEROS

Civil Action No. 96-WM-1954.

939 F.Supp. 793 (1996)

ERVIN AND ASSOCIATES, INCORPORATED, Plaintiff, v. Henry CISNEROS, as Secretary of the United States Department of Housing and Urban Development; United States Department of Housing and Urban Development; Philip Lader, as Administrator of the United States Small Business Administration; United States Small Business Administration; and the United States of America, Defendants.

United States District Court, D. Colorado.

September 12, 1996.

Attorney(s) appearing for the Case

Stanley L. Garnett, Brownstein Hyatt Farber & Strickland, P.C., Denver, CO, Wayne G. Travell, Daniel M. Hawke, Tucker, Flyer & Lewis, P.C., Washington, DC, for Plaintiff/Petitioner.

J. Benedict Garcia, Assistant U.S. Attorney, Denver, CO, Richard S. Ugelow, Michael Z. Zubrensky, Employment Lit. Section, U.S. Department of Justice, Washington, DC, for Defendants/Respondents.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

I. BACKGROUND.

Plaintiff Ervin Associates, Inc. (Ervin) is a nonminority contractor who, over the past six years, regularly provided physical inspection services to the Department of Housing and Urban Development (HUD). In the summer of 1996, HUD set aside 30% of its physical inspection procurement for award to a single contractor through the Small Business Administration's Section...

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