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B-155480, APR. 26, 1965

B-155480 Apr 26, 1965
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TO ATLAS DYNAMICS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF APRIL 15. YOUR LETTER IS PRIMARILY DIRECTED TO WHAT WAS SAID IN THE FOURTH PARAGRAPH OF OUR FEBRUARY 9 LETTER. YOUR COMMENTS INDICATE THAT WE EITHER FAILED TO CONVEY THE MEANING INTENDED OR THAT YOU MISINTERPRETED WHAT WAS SAID THEREIN. WE ALSO SUGGESTED THAT EVEN IF THE PROPERTY WAS "DELIVERED" TO HELICOPTER INDUSTRIES BY VIRTUE OF ITS DESIGNATION AS "SHIPPER" ON THE BILL OF LADING AS YOU CONTEND. WHILE YOU COMPLAIN THAT THE ALLEGED FAILURE OF THAT CONCERN TO TAKE ANY ACTION WAS ADVERSE TO YOUR INTERESTS. WE HAVE NEVER BEEN FURNISHED ANY EVIDENCE THAT YOU MADE ANY EFFORT TO HAVE IT TAKE ANY ACTION ON YOUR BEHALF. OR THAT THERE WAS ANY BASIS FOR ASSUMING THAT IT WOULD NOT TAKE ANY ACTION WHICH YOU MIGHT PROPERLY REQUEST.

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B-155480, APR. 26, 1965

TO ATLAS DYNAMICS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1965, CONCERNING OUR LETTER OF FEBRUARY 9, 1965, REAFFIRMING OUR EARLIER DECISIONS DISALLOWING YOUR CLAIM FOR REFUND OF $901.97 PAID FOR CERTAIN SURPLUS PROPERTY.

YOUR LETTER IS PRIMARILY DIRECTED TO WHAT WAS SAID IN THE FOURTH PARAGRAPH OF OUR FEBRUARY 9 LETTER, AND YOUR COMMENTS INDICATE THAT WE EITHER FAILED TO CONVEY THE MEANING INTENDED OR THAT YOU MISINTERPRETED WHAT WAS SAID THEREIN. WE DID NOT SAY, AS YOU SEEM TO INTERPRET, THAT YOU ,SUFFERED NO LOSS.' WE DID SAY THAT YOU SUFFERED NO "LOSS OR DAMAGE AS A RESULT OF THE DESIGNATION OF THAT FIRM (HELICOPTER INDUSTRIES) AS SHIPPER.' WE ALSO SUGGESTED THAT EVEN IF THE PROPERTY WAS "DELIVERED" TO HELICOPTER INDUSTRIES BY VIRTUE OF ITS DESIGNATION AS "SHIPPER" ON THE BILL OF LADING AS YOU CONTEND, YOU MIGHT LOOK TO IT AS YOUR ASSIGNOR FOR SATISFACTION OF YOUR LOSS. WHILE YOU COMPLAIN THAT THE ALLEGED FAILURE OF THAT CONCERN TO TAKE ANY ACTION WAS ADVERSE TO YOUR INTERESTS, WE HAVE NEVER BEEN FURNISHED ANY EVIDENCE THAT YOU MADE ANY EFFORT TO HAVE IT TAKE ANY ACTION ON YOUR BEHALF, OR THAT THERE WAS ANY BASIS FOR ASSUMING THAT IT WOULD NOT TAKE ANY ACTION WHICH YOU MIGHT PROPERLY REQUEST. ON THE ENTIRE RECORD BEFORE US, WE REMAIN OF THE OPINION THAT THERE IS NO EVIDENCE OF LEGAL LIABILITY ON THE PART OF THE GOVERNMENT FOR YOUR LOSS. EVEN IF THERE WERE, WE FIND NO INDICATION THAT YOU MADE ANY REASONABLE EFFORT TO AVERT OR MINIMIZE THE LOSS.

SINCE YOU HAVE PRESENTED NO NEW EVIDENCE JUSTIFYING A DIFFERENT CONCLUSION, OUR EARLIER DECISIONS DISALLOWING YOUR CLAIM ARE AGAIN AFFIRMED.

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