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AMERICAN SCIENCE AND ENGINEERING, INC. v. KELLY

Civil Action Nos. 99-10365-GAO, 98-11939-GAO.

69 F.Supp.2d 227 (1999)

AMERICAN SCIENCE AND ENGINEERING, INCORPORATED, Plaintiff, v. The Honorable Raymond H. KELLY, Commissioner, United States Customs Service Defendant, and EG & G Astrophysics Research Corporation, Intervenor. American Science and Engineering, Incorporated, Plaintiff, v. EG & G Astrophysics Research Corporation, Defendant.

United States District Court, D. Massachusetts.

August 24, 1999.

Attorney(s) appearing for the Case

Thomas M. Sobol, Robert F. Daut, Brown, Rudnick, Freed & Gesmer, Boston, MA, W. Bruce Shirk, Powell, Goldstein, Frazer & Murphy, LLP, Washington, DC, for Plaintiff.

Lee J. Freedman, Dept. of Justice, Civil Div., Washington, DC, Kirk C. Teska, Iandiorio & Dingman, Waltham, MA, for Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

Plaintiff American Science and Engineering, Inc. ("AS & E") challenges the legality of a government contract entered into by the United States Customs Service ("Customs") and EG & G Astrophysics Research Corp. ("EG & G"). AS & E claims that Customs, in entering into the contract, violated the Competition in Contracting Act ("CICA"), Pub.L. No. 98-369, 98 Stat. 1175 (codified as amended...

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