B-61057, NOV. 17, 1955

B-61057, NOV. 17, 1955

TO MR. EDWARD L. ROBERTS:

YOUR LETTERS OF OCTOBER 29 AND 31, 1955, AND OF NOVEMBER 2 AND 6, 1955, HAVE BEEN RECEIVED AND THEIR CONTENTS CONSIDERED.

WHILE WE ENDEAVOR TO AFFORD TO CLAIMANTS EVERY REASONABLE OPPORTUNITY TO PRESENT AND ARGUE THE MERITS OF THEIR RESPECTIVE CLAIMS, IT SEEMS OBVIOUS THAT FOR THE REASONS STATED IN OUR LETTER OF APRIL 29, 1955, NO USEFUL PURPOSE WILL BE SERVED BY FURTHER CORRESPONDENCE CONCERNING YOUR MATTER. IN THE EVENT THAT YOU HAVE MISLAID THE LETTER REFERRED TO OR HAVE MISUNDERSTOOD ITS PURPORT, ITS CONTENTS MAY BE SUMMARIZED AS FOLLOWS:

(1) THERE IS NOTHING IN YOUR BEHALF NOW PENDING BEFORE THIS OFFICE OF A SUFFICIENTLY SPECIFIC AND ITEMIZED NATURE TO WARRANT NORMAL CONSIDERATION AND PROCESSING AS A CLAIM AGAINST THE UNITED STATES; (2) ANY CLAIM WHICH YOU MIGHT PRESENT TO THIS OFFICE WOULD OF NECESSITY BE BASED ON ONE OR MORE OF THE CONTRACTS BETWEEN THE PARTNERSHIP OF PLOWDEN AND ROBERTS AND THE GOVERNMENT AND, AS YOU KNOW, THE LIABILITY OF THE UNITED STATES UNDER ALL OF SAID CONTRACTS WAS COMPROMISED AND TERMINATED BY THE PAYMENT OF A SUBSTANTIAL SUM TO THE TRUSTEE IN BANKRUPTCY OF SAID PARTNERSHIP; (3) IF, AS SEEMS LIKELY, YOUR OBJECTIONS ARE DIRECTED TO THE COMPROMISE EFFECTED BY THE TRUSTEE, THE ONLY FORUM IN WHICH RELIEF COULD BE GRANTED WOULD BE THE COURT IN WHICH THE SETTLEMENT WAS MADE AND WHICH DIRECTED THE EXECUTION OF THE RELEASE BY THE TRUSTEE.

UNDER THESE CIRCUMSTANCES, THERE EXISTS NO CONCEIVABLE POSSIBILITY THAT RELIEF CAN BE AFFORDED TO YOU BY THIS OFFICE. WE, THEREFORE, ARE CLOSING OUR FILE IN THE MATTER, AND ANY FURTHER COMMUNICATIONS FROM YOU WILL BE FILED WITHOUT REPLY.