B-165937, MAR. 3, 1969

B-165937: Mar 3, 1969

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ADVISING THAT YOU HAVE FOR THE DISTRICT OF COLUMBIA. ADVISING THAT YOU HAVE FILED SUIT. IT IS CONTRARY TO OUR POLICY TO DECIDE A MATTER IN LITIGATION IN A COURT OF COMPETENT JURISDICTION.

B-165937, MAR. 3, 1969

TO C. WILLIAM TAYLOR, ESQUIRE:

WE REFER TO YOUR LETTER OF FEBRUARY 14, 1969, ADVISING THAT YOU HAVE FOR THE DISTRICT OF COLUMBIA, SEEKING TO ENJOIN THE SECRETARY OF

WE REFER TO YOUR LETTER OF FEBRUARY 14, 1969, ADVISING THAT YOU HAVE FILED SUIT, CIVIL ACTION NO. 347-69 IN THE UNITED STATES DISTRICT COURT THE ARMY FROM RELEASING CERTAIN DATA WHICH YOU ALLEGE TO BE PROPRIETARY TO YOUR CLIENT, CADILLAC GAGE COMPANY.

THIS SUIT CONCERNS THE SAME DATA DESCRIBING THE CUPOLA CONTROL SYSTEMS OF THE M114 ARMORED PERSONNEL CARRIER WHICH YOU REQUESTED THIS OFFICE TO PROTECT FROM PUBLIC DISCLOSURE IN YOUR LETTER OF JANUARY 8, 1969. YOU REQUEST THAT WE CONTINUE OUR REVIEW OF THIS MATTER WITHOUT REGARD TO YOUR INITIATION OF SUIT BECAUSE A DECISION OF THIS OFFICE FAVORABLE TO YOUR CLIENT WOULD RENDER FURTHER ACTION BY THE COURT MOOT.

IT IS CONTRARY TO OUR POLICY TO DECIDE A MATTER IN LITIGATION IN A COURT OF COMPETENT JURISDICTION. IN THE CIRCUMSTANCES WE FEEL THAT IT WOULD BE INADVISABLE FOR OUR OFFICE TO GIVE FURTHER CONSIDERATION TO THIS MATTER UNTIL THE COURT HAS ACTED ON YOUR PRAYER FOR INJUNCTIVE RELIEF. IF THERE SHOULD THEN REMAIN ANY ISSUES PROPERLY FOR CONSIDERATION HERE WE SHALL BE GLAD TO REOPEN THE MATTER IF YOU SO REQUEST.