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MERCK & CO., INC. v. STAATS

Nos. 79-1435, 79-1438.

665 F.2d 1236 (1981)

MERCK & CO., INC., Appellant, v. Elmer B. STAATS, Comptroller, et al. MERCK & CO., INC. v. Elmer B. STAATS, Comptroller, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Ronald A. Stern, Washington, D. C., with whom Philip A. Lacovara, Washington, D. C., was on the brief for appellant in No. 79-1435 and cross-appellees in No. 79-1438.

Harland F. Leathers, Sp. Asst. to the Asst. Atty. Gen., Washington, D. C., with whom Carl S. Rauh, U. S. Atty. (at the time the brief was filed), Morton Hollander, Atty., Dept. of Justice, Washington, D. C., were on the brief for appellees in No. 79-1435 and cross-appellants in No. 79-1438.

Before TAMM, ROBB and MIKVA, Circuit Judges.

Opinion Per Curiam.

Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.

PER CURIAM:

The issue in this case is the scope of the authority of the Comptroller General to examine records of Merck & Company relating to four contracts, negotiated without advertising, for sale of pharmaceutical products to the Department of Defense and the Veterans Administration. The right of the...

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