B-107983, JAN. 26, 1956

B-107983: Jan 26, 1956

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TO ASSOCIATION OF AMERICAN RAILROADS: REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 14. INQUIRING WHETHER OUR OFFICE WILL SETTLE CARRIERS' CLAIMS. INVOLVING THE SAME QUESTION AS WAS DECIDED MAY 3. WHETHER OR NOT SUCH CLAIMS ARE INVOLVED IN LITIGATION. WHICH ARE NOT BARRED BY THE TEN-YEAR LIMITATION. THOSE CASES WHERE THE CLAIMS ARE INVOLVED IN LITIGATION. WE WILL ADMINISTRATIVELY SETTLE THE CLAIMS IF THE CARRIER AND THE DEPARTMENT OF JUSTICE WILL AGREE TO SUCH ACTION.

B-107983, JAN. 26, 1956

TO ASSOCIATION OF AMERICAN RAILROADS:

REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 14, 1955, AND JANUARY 16, 1956, FILE 215-2-11-CA, INQUIRING WHETHER OUR OFFICE WILL SETTLE CARRIERS' CLAIMS, INVOLVING THE SAME QUESTION AS WAS DECIDED MAY 3, 1955, IN ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY V. UNITED STATES, C.CLS. NO. 38-52, WHETHER OR NOT SUCH CLAIMS ARE INVOLVED IN LITIGATION.

OUR TRANSPORTATION DIVISION HAS BEEN INSTRUCTED TO SETTLE CARRIERS' CLAIMS, INVOLVING THE SO-CALLED "TOG" QUESTION, WHICH ARE NOT BARRED BY THE TEN-YEAR LIMITATION, IN ACCORDANCE WITH THE ABOVE-CITED CASE. THOSE CASES WHERE THE CLAIMS ARE INVOLVED IN LITIGATION, AND THE COURT HAS NOT ENTERED JUDGMENT, WE WILL ADMINISTRATIVELY SETTLE THE CLAIMS IF THE CARRIER AND THE DEPARTMENT OF JUSTICE WILL AGREE TO SUCH ACTION.