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B-196545.2 1 (1980-02-14)

handle is hein.gao/gaobadhzw0001 and id is 1 raw text is: 


                       STHE  COMPTROLLER GENERAL
     DECISIO             OF  THE   UNITED    STATES
                          wa SH IN GON,    .c . 205aa



FILE:    B-196545.2           DATE:  February 14, 1980

MATTER  OF:   CSA Reporting Corporation-  OL  o   /
              Reconsideration
DIGEST:

      Prior decision dismissing protest because
      issues involved were subject to litigation
      pending in court of competent jurisdiction
      is affirmed.  On reconsideration, protester
      failed to show errors of fact or law war-
      ranting reversal or modification; in fact,
      matter is still pending in Federal court
      and court has not expressed interest in
      receiving GAO decision.  In circumstances,
      longstanding GAO policy is to dismiss
      protest.

      Our decision in the matter of CSA Reporting
 Corporation, B-196545, December 21, 1979, 79-2 CPD 432,
 dismissed the protest of CSA Reporting Corporation (CSA)
 because the issues presented in the protest were pending
 before a court of competent jurisdiction, a decision by
 the court would take precedence over a decision by our
 Office and the court had not expressed an interest in
 our views.

      CSA  rtguests reconsideration on the grounds
 (1) that the decision was based on a misimpression
 concerning which parties support a draft dismissal
 stipulation, and (2) that the copy of the stipulation
 submitted with CSA's request for reconsideration
 constitutes new evidence.

      First, CSA argues that the matter effectively was
 not before a court at the time of our decision since
 a proposed stipulation of dismissal had been submitted
 to our Office.  CSA notes that there was only one
 contingency in going forward with the stipulation:
 CSA wanted an assurance from our Office that a dis-
 missal pursuant to the proposed stipulation would not
 be viewed as an adjudication on the merits by the
 court and that our Office would take jurisdiction of

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