B-150913, JUN. 26, 1964
Highlights
ON THE GROUND THAT THE MATTER IS RES ADJUDICATE. WE CANNOT AGREE THAT THE DECISION TO WHICH YOU REFER WAS DISPOSITIVE OF THE UNITED STATES CLAIM AGAINST CAIN BROTHERS. WE SHALL HAVE TO CONSIDER RECOVERY OF THE AMOUNT CLAIMED BY LITIGATION OR BY SETOFF ACTION.
B-150913, JUN. 26, 1964
TO CAIN BROTHERS, INC.:
YOUR LETTER OF FEBRUARY 27, 1964, REPLYING TO OURS OF JANUARY 22, 1964, B -150913, CONCERNING THE TRANSPORTATION OF THE HOUSEHOLD GOODS AND EFFECTS IN NOVEMBER 1959 OF HARRY W. PAINE, AN EMPLOYEE OF THE UNITED STATES INTERNATIONAL COOPERATION ADMINISTRATION, DISCLAIMS LIABILITY FOR $454.34, EXCESS CHARGES DEMANDED IN OUR LETTER, ON THE GROUND THAT THE MATTER IS RES ADJUDICATE, HAVING BEEN DECIDED IN DECEMBER 1963 BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE IN LITIGATION BETWEEN MR. PAINE AND YOUR CORPORATION.
WE CANNOT AGREE THAT THE DECISION TO WHICH YOU REFER WAS DISPOSITIVE OF THE UNITED STATES CLAIM AGAINST CAIN BROTHERS, INC., SINCE IN DECEMBER 1963 HARRY W. PAINE HAD REIMBURSED THE GOVERNMENT FOR NO PART OF THE EXCESS TRANSPORTATION CHARGES INCURRED AND, CONSEQUENTLY, HAD NO CAUSE OF ACTION ARISING FROM DAMAGES BECAUSE OF EXCESS TRANSPORTATION CHARGES.
THEREFORE, UNLESS WE RECEIVE YOUR CHECK OR A COMPLETELY RESPONSIVE REPLY TO OUR DEMAND LETTER OF JANUARY 22, 1964, WE SHALL HAVE TO CONSIDER RECOVERY OF THE AMOUNT CLAIMED BY LITIGATION OR BY SETOFF ACTION.