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B-203419.3 1 (1982-01-22)

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DECISION


THE COMPTROLLER IENERAL
Or THE UNITED W11TATEt3
WASItIINGTON,  DC, 20B46


DArE;Jantary 22, ].982


FIIE F-23419
MATTER OF:I


Iiospherics, Inc.--Request for
Recous idbration              I


DIGEST:


GAO will not reconsider prior decision
rendered in response to an expression
of interest from a court unless the
court expresses an intereot in the
.reconsideration of the decision.


     Biospherics,
sideration of our
December 31, 1981
dered in response
Superior Court of
with Civil Action
issue a temporary


a hearing on
inJ unctiois on


Bios]
Jan'


Inc. (Biospherics)', requests recon-
decision l3iospherics, Ipc,, B-20-3419,
, 81-2 CPD   9 That decision was ren-
to an expression of interest froin the
the District of Columbia in connection
No. 17577-81.   The court refused to
restraining order and has scheduled
pherics' request for a preliminary
uarv 25, 1982.


I - . - -


     It is our policy not to decide matters where, as
here, the material issues are before a court of con-
petent jurisdiction.  However, if the court expresses
an interest in a decision by our Office, we will then
consider the uatter on the merits.  Weeks-Miller Joint
Venture, B-203107, July 31, 1981, 81-2 CPD 76.

     In the present case, the court did express an
interest in our decision. Iiospherics requests that we
reconsider the decision. However, since our prior deci-
sion was issued in response to the court's request and
the court has not indicated any interest in our recon-
sidering the prior decision, we will take no further
action on the merits of this matter.5Tacoma Deoatbuidi
Co.-Request for Reconsideration, B-199445.6, December 10,


1980, 80-2 CPD


1420.*


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