Legal Opinion

Peter Kiewit Sons' Co. v. U.S. Army Corps of Engineers

Court of Appeals for the D.C. Circuit

Decided August 9, 1983No. 82-1461PublishedCited by 67 opinions

1Opinion of the Court

Opinion for the Court filed by

Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

The Army 1 appeals from the district court’s action (1) enjoining completion of its administrative debarment proceeding against appellee, and (2) ordering that appellee not be debarred. 2 The court rested its action on a finding that improper congressional interference had voided the administrative proceeding ab initio. We find that the court erred in voiding the debarment proceeding and deciding the substantive issue underlying that proceeding.

I. Background

Appellee Peter Kiewit Sons’ Co. (Kiewit) is the…

2Cases cited15 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. McKart v. United StatesSupreme Court of the United States · 1969
  3. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  4. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  5. Watkins v. United StatesSupreme Court of the United States · 1957

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3Cited by67 opinions

  1. Randolph-Sheppard Vendors of America v. Caspar W. Weinberger, National Council of State Agencies for the Blind v. Caspar W. WeinbergerCourt of Appeals for the D.C. Circuit · 1986
  2. Communications Workers of America Lyle Wingate v. American Telephone and Telegraph Company American Telephone and Telegraph Pension PlanCourt of Appeals for the D.C. Circuit · 1994
  3. Ticor Title Insurance Company v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1987
  4. Drg Funding Corporation v. Secretary of Housing and Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1996
  5. Burlington Northern Railroad Company v. Surface Transportation Board and the United States of America, West Texas Utilities Company, IntervenorCourt of Appeals for the D.C. Circuit · 1996

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