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B-128261, AUG. 27, 1956

B-128261 Aug 27, 1956
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WILLIAM MCCRAY: REFERENCE IS MADE TO YOUR LETTER OF MAY 10. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 14. THAT ACTION WAS SUSTAINED BY OUR LETTER OF MARCH 5. THE DISALLOWANCE WAS BASED UPON THE FACT THAT THE RECORDS SHOW THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THAT YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. CONSIDERATION IN THE MATTER IS PRECLUDED BY THE ACT OF JUNE 22. SECTION 2 OF WHICH IS QUOTED IN THE SETTLEMENT. YOU SAY THAT THE ENDORSEMENT OF YOUR NAME APPEARING ON THE REVERSE SIDE OF THE CHECK IS NOT IN YOUR HANDWRITING AND THAT IT IS A FORGERY.

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B-128261, AUG. 27, 1956

TO MR. WILLIAM MCCRAY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 10, 1956, REGARDING YOUR CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT CHECK NO. 38,650,297, DATED MAY 23, 1946.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 14, 1955, AND THAT ACTION WAS SUSTAINED BY OUR LETTER OF MARCH 5, 1956, TO YOU.

THE DISALLOWANCE WAS BASED UPON THE FACT THAT THE RECORDS SHOW THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES, AND THAT YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. HENCE, CONSIDERATION IN THE MATTER IS PRECLUDED BY THE ACT OF JUNE 22, 1926, 44 STAT. 761, SECTION 2 OF WHICH IS QUOTED IN THE SETTLEMENT.

YOU SAY THAT THE ENDORSEMENT OF YOUR NAME APPEARING ON THE REVERSE SIDE OF THE CHECK IS NOT IN YOUR HANDWRITING AND THAT IT IS A FORGERY. WHILE THE CHECK HAS BEEN DESTROYED PURSUANT TO LAW AND NO POSITIVE DETERMINATION CAN BE MADE AS TO WHETHER IT WAS PROPERLY NEGOTIATED BY YOU OR WRONGFULLY NEGOTIATED BY ANOTHER, SUCH AN ISSUE IS NOT NOW MATERIAL INASMUCH AS THE ACT OF CONGRESS REFERRED TO ABOVE PROHIBITS US FROM FAVORABLY CONSIDERING YOUR CLAIM. THE SAME MUST BE SAID REGARDING YOUR STATEMENT CONCERNING THE POSSIBLE DELIVERY OF THE CHECK TO AN INCORRECT ADDRESS.

ACCORDINGLY, THE ACTION TAKEN BY OUR OFFICE ON YOUR CLAIM IS CORRECT AND IT WOULD APPEAR THAT ..END :

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