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SMITHKLINE CORP. v. STAATS

No. 80-1464.

668 F.2d 201 (1981)

SMITHKLINE CORPORATION, Appellant, v. Elmer STAATS, Comptroller General of the United States, and the United States of America, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 28, 1981.

Attorney(s) appearing for the Case

Matthew M. Strickler, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Stanley L. Temko, Charles Lister (argued), Clare Dalton, Covington & Burling, Washington, D.C., for appellant.

William J. McGettigan, Philadelphia, Pa., for appellee Staats.

Alice Daniel, Asst. Atty. Gen., Robert S. Greenspan, Michael Kimmel (argued), Robert Caplan, Civ. Div., U. S. Dept. of Justice, Washington, D.C., Peter F. Vaira, Jr., U. S. Atty., Philadelphia, Pa., for appellee U. S.

Before SEITZ, Chief Judge, and VAN DUSEN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

SmithKline Corporation appeals from a final judgment of the district court granting the Government's motion for summary judgment and holding that the Comptroller General (the Comptroller) has the right of access to records of costs "of materials, labor, overhead, distribution, research and development and marketing, and such other costs as are directly pertinent to the drugs purchased" under several contracts between...

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