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B-195675 1 (1980-05-09)

handle is hein.gao/gaobabjer0001 and id is 1 raw text is: 4y /3 ( e Y GlAO United States General Accounting Office Washington, DC 25148 Office of General Counsel ,+ In Reply Refer to:B-19 56 7 5 'pI The Honorable John Volz United 5tatns Attorney Eastern District of Louisiana New Orleans, Louisiana 70130 'till C, ID 1.)~ ci May 9, 1980 a J~4~ V10 Attention: Joan Elaine Chauvin Gentlemen: He: BayouState and Citadel venture v. Inc6.,Civil Seourity Services, Inc. Security.,- Inc., a joint Dravo Utility Construction, No. 80-7488 (E.D. La.) This is in response to the letter from the Depart- ment of Justice dated April 18, .1980, AD:DE:KO:nlp, 145-19-75, requesting a litigation report in connection with the above-captioned suit. We have reviewed the complaint and prepared the following response to the plaintiff's allegations con- cerning the Comptroller General, keyed to the relevant paragraph numbers of the complaint. Regarding Paragraph III, Elmer B. Staats is the Comptroller General of the United States, appointed to that office by President Johnson pursuant to section 502 of the Budget and Accounting Act, 1921, 31 U.S.C. $ 42 (1976). Process ias served upon the Comptroller General in his official capacity in accordance with Rule 4(d)(4) of the Federal Rules of Civil Procedure (F.R.C.P.). However, Mr. Staats was never personally served as we understand is required by Rule 4; we therefore request you seek dismissal of the suit against Hfr. Staats individually bedause of insuffi- ciency of process. F.R.C.P. 12(b)(4). We admit paragraph XI and XII to the extent that plaintiff filed a timely protest over the award of a subcontract by the Dravo Utility Construction, Inc. (DUCI) in accordance with the General Accounting Office ( NV'. 119:, '-p 13

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