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B-196282.2 1 (1980-05-02)

handle is hein.gao/gaobadift0001 and id is 1 raw text is: 


                         p THE COPiPTROLLER GENERAL
   DECISION              . OF  THE   UNITED STATES
                           WASHINGTON, D.C. 20548




  FILE:     B-196282.2           DATE: May 2, 1980

  MATTER   OF:  National Office Moving
                Company--Reconsideration

  DIGEST:

     Decision by United States District Court
     denying motion for preliminary injunction
     (PI) and dismissing action, after consoli-
     dating PI hearing with trial on the merits,
     constitutes final adjudication on merits. GAO
     will take no further action on request for
     reconsideration raising substantially same
     issues as those before Court.


     Keahey fMoving and Storage Company (Keahey)
requests reconsideration of our decision in National
Office Moving Company, B-196282, March 10, 1980, 80-1
CPD 185.  In that case, we sustained National's protest
regarding the Department of State's (State) award of
a contract to Keahey. We held that the contracting
officer improperly allowed Keahey to correct its
apparent clerical mistake, and recommended that the
contract awarded to Keahey be terminated for the
convenience of the Government.

     Subsequent to filing its request for reconsider-
ation, Keahey filed a complaint for declaratory and
injunctive relief in the United States District Court
for the District of Columbia, Keahey Moving & Storage
Co., Inc. v. Cyrus Vance, et al., Civil Action No.
77-2128. The complaint raised substantially the same
issues as those presented to this Office by Keahey
in its request for reconsideration. Keahey sought to
enjoin State from terminating its contract as our
decision had recommended.


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