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BOWSHER v. MERCK & CO.

No. 81-1273.

460 U.S. 824 (1983)

103 S.Ct. 1587

75 L.Ed.2d 580

BOWSHER, COMPTROLLER GENERAL OF THE UNITED STATES, ET AL. v. MERCK & CO., INC.

Supreme Court of United States.

Decided April 19, 1983

Attorney(s) appearing for the Case

Jerrold J. Ganzfried argued the cause for petitioners in No. 81-1273 and respondents in No. 81-1472. With him on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, Deputy Solicitor General Geller, and Michael Kimmel.

Philip A. Lacovara argued the cause for respondent in No. 81-1273 and petitioner in No. 81-1472. With him on the briefs was Ronald A. Stern.†

Stanley L. Temko and Charles Lister filed a brief for SmithKline Corp. as amicus curiae.

JUSTICE O'CONNOR delivered the opinion of the Court.

The issue before the Court is the scope of the authority of the Comptroller General of the United States to examine the records of a private contractor with whom the Government has entered into fixed-price1 negotiated contracts. We conclude that, under the circumstances presented in this action, the Comptroller General may inspect the contractor's records of direct costs, but not records...

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