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Where a Federal Statute Is Silent, Do Third-Party Beneficiaries of a Government Contract Have a Right to Sue?
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- Author(s): Mullenix, Linda S.
- Source:
Preview of United States Supreme Court Cases; Jan2011, Vol. 38 Issue 4, p170-173, 4p
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- Abstract:
The article discusses a court case of Astra U.S.A. against County of Santa Clara, California concerning the litigation rights of third-party beneficiaries of a government contract. The case occurred when the county government filed a lawsuit against Astra for overpricing the cost of their medications marketed in the facilities based in the county, wherein the lawsuit is according to the Public Health Service Act and the Medicaid Rebate Act. The Ninth Circuit Court made a superseding ruling that reimposed its decision not to dismiss the lawsuit.
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