Diebold v. United States

Because I am convinced that Judge Charles M. Allen was correct in his memorandum opinion in this case on agency discretion, I would affirm the dismissal of this action. It was brought by two employees of “Logistics, Food Service Division, Fort Knox, Kentucky,” to set aside a decision of the government • agency at Fort Knox to contract food services to a private successful bidder. I dissent from the majority view for a number of reasons.

The substance of the district court’s opinion is set out in the last paragraph:

While the Sixth Circuit has not ruled on this issue, we note the complete…