B-106619, SEP. 23, 1959

B-106619: Sep 23, 1959

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HUNT: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16. REQUESTING ADVICE AS TO WHETHER THIS OFFICE WILL RECONSIDER YOUR CLAIMS ARISING FROM ALLEGED PROMISES THAT YOU WOULD BE AWARDED A CONTRACT OR CONTRACTS FOR CERTAIN CONSTRUCTION WORK IN ITALY AND THE CANCELLATION BY AN INTERNATIONAL COMMITTEE OF AN AWARD OF A CONTRACT OF SALE INVOLVING THE PROPOSED DISPOSITION OF A FORMER GERMAN-OWNED FACTORY IN ITALY. WAS RECEIVED AND MADE A PART OF THE FILE. WAS TRANSMITTED HERE BY THE DEPARTMENT OF STATE. THE CLAIMS WERE DISALLOWED BY OFFICE SETTLEMENT DATED NOVEMBER 6. THE SETTLEMENT WAS SUSTAINED BY OFFICE DECISION OF DECEMBER 12. THAT DECISION WAS AFFIRMED BY DECISION OF FEBRUARY 23. THE MATTER HAS BEEN CONSIDERED BY THIS OFFICE ON MANY OCCASIONS AND YOU HAVE BEEN ADVISED REPEATEDLY THAT THE CLAIMS AGAINST THE UNITED STATES WERE REGARDED AS WITHOUT MERIT.

B-106619, SEP. 23, 1959

TO MR. LEWIS W. HUNT:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 16, 1959, REQUESTING ADVICE AS TO WHETHER THIS OFFICE WILL RECONSIDER YOUR CLAIMS ARISING FROM ALLEGED PROMISES THAT YOU WOULD BE AWARDED A CONTRACT OR CONTRACTS FOR CERTAIN CONSTRUCTION WORK IN ITALY AND THE CANCELLATION BY AN INTERNATIONAL COMMITTEE OF AN AWARD OF A CONTRACT OF SALE INVOLVING THE PROPOSED DISPOSITION OF A FORMER GERMAN-OWNED FACTORY IN ITALY.

YOUR LETTER OF JULY 38, 1959, REFERRED TO IN YOUR LETTER OF SEPTEMBER 16, WAS RECEIVED AND MADE A PART OF THE FILE. ALSO, A COPY OF YOUR LETTER DATED JULY 14, 1959, WAS TRANSMITTED HERE BY THE DEPARTMENT OF STATE.

THE CLAIMS WERE DISALLOWED BY OFFICE SETTLEMENT DATED NOVEMBER 6, 1951, AND THE SETTLEMENT WAS SUSTAINED BY OFFICE DECISION OF DECEMBER 12, 1951. THAT DECISION WAS AFFIRMED BY DECISION OF FEBRUARY 23, 1954. THE MATTER HAS BEEN CONSIDERED BY THIS OFFICE ON MANY OCCASIONS AND YOU HAVE BEEN ADVISED REPEATEDLY THAT THE CLAIMS AGAINST THE UNITED STATES WERE REGARDED AS WITHOUT MERIT. MOREOVER, EVEN IF THE CLAIMS COULD BE ESTABLISHED AS BEING MERITORIOUS, PUBLIC FUNDS CAN BE EXPENDED ONLY FOR THE PURPOSES FOR WHICH APPROPRIATED AND NO APPROPRIATED FUNDS HAVE BEEN MADE AVAILABLE FOR PAYMENT OF DAMAGE CLAIMS OF THE TYPE HERE IN QUESTION.

IN REPLY TO YOUR QUESTION, YOU ARE ADVISED THAT YOUR CLAIMS WILL NOT BE RECONSIDERED BY OUR OFFICE, SINCE SUCH RECONSIDERATION COULD SERVE NO USEFUL PURPOSE.