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AMERICAN COMPETITIVENESS INSTITUTE v. CALDERA

No. Civ.A.98-CV-6601.

80 F.Supp.2d 461 (1999)

AMERICAN COMPETITIVENESS INSTITUTE v. Lewis CALDERA, Secretary of the Army.

United States District Court, E.D. Pennsylvania.

December 23, 1999.

Attorney(s) appearing for the Case

Charles H. Carpenter, Pepper, Hamilton & Scheetz, Washington, DC, for American Competitiveness Institute.

Asst. U.S. Atty., Richard Mentzinger, Jr., for Defendant.

MEMORANDUM & ORDER

KAUFFMAN, District Judge.

American Competitive Institute ("ACI"), a losing bidder for a contract with the Army, seeks a mandatory injunction requiring the Army to cancel its contract with the successful bidder and to award the contract to ACI. Both ACI and the Army have moved for summary judgment. Because the evidence shows that the Army's conduct was not "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance...

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