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B-187903 1 (1977-02-09)

handle is hein.gao/gaobadejp0001 and id is 1 raw text is: 







                tION               TE   COMPT    OLLER USNENALse s r
                                   wAeSNNUT       N.  D.C.a*nes6                V
              PILE 5-3796 ~or THE UNUTU3 STATE



       . FPILE: 0-187908                 DATE:   ?etmry  to 1977

       MATTER   OF:   Labco Tracklg and herchants Wholesale
                       Distributing Co.--Raquest for Reconsideration

       DIGEST:

          Although protester alleges additional facts in rcquest for
          reconsideration, prior decision dismissing protest because
          issues presented are pending before courts of comptnt
          jurisdictLon is affirmed.

          By letterdated December 30, 1976, Labo Trucking and Merthants
      Wholesale Distiibutig Co. (Labo'/Merchants) requests correction
      and reconsideration of our decision Lebo Trucking and Merchants
      Wholesale DistributtA Co., 3-187908, December 27, 1976, in which
      we dimissed  Labol/erchants' protest.

          Labo/eCAhiaits contends that in indicating the scope of Lebo/
      Merchants' protest our decision neglected to list a particular
      facet, namely thati

          irot st additionaily is made to ,ay diaqiiicion
          of protestants for-failure to hold ICC operating
           authority agrunds  tiat any such disqualification
          will.resutiin lladequate price competition fo the
          service contract at issue, as defined in Title 32,
          Code of Federal Regulations (C.F.R.), Chapter 1,
          Part 8, Section 3-607.1(B)(1).1

          We do not blieve that correction of our prior decision is
      necessary becaudseourdecision expressly notid'that * *,* protest
      ns made to any disquiication   of Ledo/Merchints for failure to
      hold ICC operating authority *T*   The decision did not go behind
      that allegation 'o theie was no need i express the specific bases
      upon which the allegation was founded. Rather, we dismissed the
      protest on the ground that the issues presented ware presently pend-
      Ing before federal courts which did not request our views in the
      resolution of the matters before them.


* S

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