B-140147, SEP. 10, 1959
Highlights
ILLINOIS CENTRAL RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JULY 27. OUR CONCLUSION TO WITHHOLD FURTHER ACTION ON YOUR CLAIM ON THE MERITS WAS NOT BASED SOLELY ON THE FACT THAT THE CLAIM IS NOW IN SUIT. ON THE FACT THAT WE ARE UNWILLING TO AUTHORIZE SETTLEMENT OF THE CLAIM ON THE BASIS OF LIFT VAN RATES IN THE ABSENCE OF PROOF THAT THE ARTICLES SHIPPED WERE. OUR POSITION IN THIS MATTER IS FULLY EXPLAINED IN OUR LETTER OF JULY 3. WITH WHICH YOU ARE FAMILIAR. IS NOT VIEWED AS PRESENTING ANYTHING IN THE WAY OF EVIDENCE TO WARRANT A DIFFERENT CONCLUSION. WE ARE OF THE OPINION THAT THE CLAIMS COVERED BY COURT OF CLAIMS NO. 296-59 ARE NOT SUSCEPTIBLE OF SATISFACTORY DISPOSITION BY ADMINISTRATIVE SETTLEMENT PROCEDURES AND WE ARE SO ADVISING THE DEPARTMENT OF JUSTICE.
B-140147, SEP. 10, 1959
TO MR. URCHIE B. ELLIS, GENERAL ATTORNEY, ILLINOIS CENTRAL RAILROAD COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1959, ADDRESSED TO THE DIRECTOR, TRANSPORTATION DIVISION, CONCERNING A PROPOSAL THAT WE TAKE DISPOSITIVE ACTION ON YOUR SUPPLEMENTAL BILL NO. AFR-40917-A, OUR CLAIM NO. TK-640648, INCLUDED IN COURT OF CLAIMS NO. 296-59. OUR CONCLUSION TO WITHHOLD FURTHER ACTION ON YOUR CLAIM ON THE MERITS WAS NOT BASED SOLELY ON THE FACT THAT THE CLAIM IS NOW IN SUIT, BUT, RATHER, ON THE FACT THAT WE ARE UNWILLING TO AUTHORIZE SETTLEMENT OF THE CLAIM ON THE BASIS OF LIFT VAN RATES IN THE ABSENCE OF PROOF THAT THE ARTICLES SHIPPED WERE, IN FACT, LIFT VANS.
OUR POSITION IN THIS MATTER IS FULLY EXPLAINED IN OUR LETTER OF JULY 3, 1958, TO THE TENNESSEE CENTRAL RAILWAY COMPANY, B-134690, WITH WHICH YOU ARE FAMILIAR. YOUR LETTER OF JUNE 19, 1959, IS NOT VIEWED AS PRESENTING ANYTHING IN THE WAY OF EVIDENCE TO WARRANT A DIFFERENT CONCLUSION. IN THE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE CLAIMS COVERED BY COURT OF CLAIMS NO. 296-59 ARE NOT SUSCEPTIBLE OF SATISFACTORY DISPOSITION BY ADMINISTRATIVE SETTLEMENT PROCEDURES AND WE ARE SO ADVISING THE DEPARTMENT OF JUSTICE.