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NEW YORK TELEPHONE CO. v. SECRETARY OF ARMY

Civ. A. No. 86-2254.

657 F.Supp. 18 (1986)

NEW YORK TELEPHONE COMPANY, Plaintiff, v. The SECRETARY OF the ARMY, et al., Defendants.

United States District Court, District of Columbia.

September 26, 1986.

Attorney(s) appearing for the Case

Togo D. West, Jr., Karl F. Schneider, R. William Barton, Washington, D.C., for plaintiff.

Mark E. Nagle, Paul L. Colby, Asst. U.S. Attys., Washington, D.C., for defendants.

MEMORANDUM

GESELL, District Judge.

Plaintiff by its complaint attacks the legality of an Army procurement for telecommunications equipment and its subsequent maintenance required at Fort Drum, New York. The Army has decided to purchase the equipment and provide for maintenance of this and other equipment separately. However, plaintiff is required under its tariffs to lease and maintain its equipment. Thus it is excluded from participating in the Army's solicitation...

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