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B-195311.2 1 (1980-01-08)

handle is hein.gao/gaobadhvx0001 and id is 1 raw text is: 


                      / THE  COMPTROLLER GENERAL
DECISION      .         OF  THE   UNITEO     STATES
                        WASHINGTON, D.C. 20548



FILE:  B-195311.2  G V 1,     DATE: January 8, 1980

MATTER  OF:  Allis-Chalmers Co  oration-request for
              .reconsiderationj

DIGEST:

       Since court has not indicated any
       interest in GAO's reconsideration
       of prior decision rendered in
       response to expression of interest
       from court, GAO will not reconsider
       decision.


       Allis-Chalmers Corporation (Allis-Chalmers)
  reudsts  reconsideration of our decision in the
  matter of Allis-Chalmers Corporation, B-195311,
  December 7, 1979, 79-2 CPD    . That decision was
  rendered in response to an expression of interest
  from the United States District Court for the Middle LGi34*
  District of Pennsylvania in connection with Civil
  Action No. 79-1153.

       It is our policy not to decide matters where,
  as here, the material issues are before a court of
  competent jurisdiction.  However, if the court
  expresses an interest in a decision by our Office,
  we will then consider the matter on the merits.
  See Dynatrend, Inc., B-192038, January 3, 1979,
  79-1 CPD 4.

       Here, the presiding judge did express an
  interest in our decision, and we therefore rendered
  the above-mentioned decision which denied Allis-
  Chalmers' protest.  Allis-Chalmers on its own behalf
  now requests reconsideration. However, since our
  prior decision was in response to the court's
  request and the court has not indicated an interest
  in our Office reconsidering the decision we will
  take no further action on the merits of this matter.

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