The essential facts are uncontested. In 1982, petitioner-appellant Technicare Corporation submitted a lower bid than respondent-respondent Siemens Corporation to the New York City Health and Hospitals Corporation (HHC) for the sale and installation of four CT scanners, sophisticated X-ray machines. HHC rejected Technicare's bid because Technicare's CT scanner did not have a "dynamic scanning" feature which permitted more effective results when used on agitated patients. Dynamic...
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