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B-209672 1 (1983-02-03)

handle is hein.gao/gaobadkwj0001 and id is 1 raw text is: 



   /

DECISION(





FILE: B-209672


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, 0. C. 20548




      DATE:February 3, 1983


MATTER OF: Leary Marine Ltd.


DIGEST:

Final adjudication by Federal district court of
complaint precludes GAO consideration of same
issues as raised in complaint.


     Leary Marine Ltd., a Division of Dynamech, protested
the award to any firm other than itself of a contract under
Naval Regional Contracting Center (Philadelphia) invitation
for bids No. N00140-82-B-B584. Subsequent to the protest
having been filed with our Office, we were advised that a
complaint involving the same issues had been filed with a
United States District Court and that the court had issued a
final judgment on the merits of the complaint.

     The final adjudication by the court of the issues
raised in the Leary complaint precludes our consideration of
the same issues. Maremont Corporation, B-186276,
October 15, 1976, 76-2 CPD 334.

     Accordingly, the protest is dismissed.



                             Jo,9    . c,4',, &

                             Harry R. Van Cleve
                             Acting General Counsel

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