Armstrong & Armstrong, Inc. v. United States

514 F.2d 402 ARMSTRONG & ARMSTRONG, INC., Plaintiff-Appellee, v. The UNITED STATES of America, acting By and Through Rogers C. B. MORTON, Secretary of the Department of the Interior, the United States Department of the Interior, its Bureaus, Agents, Servants and Representatives, Defendants-Appellants. No. 73-1983. United States Court of Appeals, Ninth Circuit. April 10, 1975. David M. Cohen, Atty., Civ. Div., Dept. of Justice, Washington, D. C. (argued), for defendants-appellants. William B. Moore (argued), Seattle, Wash., for plaintiff-appellee. OPINION Before KOELSCH, BROWNING, and GOODWIN, Circuit Judges. PER CURIAM: 1 The United States appeals from a judgment awarding bid preparation costs to an unsuccessful bidder on a government contract. We affirm for the reasons stated by the district court. 356 F.Supp. 514 (E.D.Wash. 1973). 2 We agree with the district court that in the circumstances of this case appellee, as the displaced low bidder, had standing to sue. Scanwell Laboratories v. Shaffer, 137 U.S.App.D.C. 371 , 424 F.2d 859 (1970); Merriam v. Kunzig, 476 F.2d 1233 (3d Cir. 1973); Wilke v. United States, 485 F.2d 180 (4th Cir. 1973); Cincinnati Electronics Corp. v.…