B-117281, MAY 21, 1954

B-117281: May 21, 1954

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 27. AS TO THE SALVAGE MATERIAL RECOVERED BY THE NAVY FROM THE SCENE OF THE FIRE HAVE BEEN FULLY AND CAREFULLY CONSIDERED BY THE ADMINISTRATIVE OFFICE. TO WHICH YOUR LETTER WAS SUBMITTED. THE FORMER REPORTS INDICATED THAT THE SALVAGED MATERIAL WAS SEGREGATED AND WEIGHED. THE ADMINISTRATIVE OFFICE NOW REPORTS THAT THE MATERIAL WAS AGAIN EXAMINED AND WEIGHED AFTER THE RECEIPT OF YOUR LETTER OF NOVEMBER 27. THAT CERTAIN DISCREPANCIES IN THE FORMER REPORTS HAVE BEEN FOUND. MORE THAN 40 PERCENT OF THE METALIC CONTENTS HAVE BEEN RECOVERED AS SALVAGE. STATEMENTS MADE BY ORDNANCE EXPERTS OF THE NAVY DEPARTMENT ARE TO THE EFFECT THAT THIS RECOVERY IS SUBSTANTIAL AND ALL THAT COULD REASONABLY BE EXPECTED.

B-117281, MAY 21, 1954

PRECIS-UNAVAILABLE

WALTER J. CAHILL, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 27, 1953, CONCERNING THE CLAIM OF THE UNITED STATES AGAINST THE S. J. MORRIS MOTOR EXPRESS, INCORPORATED. THE CLAIM IN QUESTION AROSE FROM THE DESTRUCTION BY FIRE OF A TRAILER LOADED WITH SMALL ARMS AMMUNITION (.50 CALIBER) AND STEEL LINKS, SHIPPED FROM THE CHARLESTON NAVAL BASE, INNESS, SOUTH CAROLINA, TO THE U. S. NAVAL AIR STATION, OPA LOCKA, FLORIDA, UNDER BILL OF LADING NO. N- 9352247, DATED OCTOBER 25, 1949. THE VALUE OF THE PUBLIC PROPERTY LOST IN THE FIRE HAS BEEN REPORTED AS $20,575.

THE ADDITIONAL REPRESENTATIONS WHICH YOU MADE IN YOUR LETTER OF NOVEMBER 27, 1953, AS TO THE SALVAGE MATERIAL RECOVERED BY THE NAVY FROM THE SCENE OF THE FIRE HAVE BEEN FULLY AND CAREFULLY CONSIDERED BY THE ADMINISTRATIVE OFFICE, TO WHICH YOUR LETTER WAS SUBMITTED. AS YOU KNOW, THE FORMER REPORTS INDICATED THAT THE SALVAGED MATERIAL WAS SEGREGATED AND WEIGHED, SHOWING 620 POUNDS OF .50 CALIBER LINKS, 3,600 POUNDS OF .50 CALIBER BRASS (CARTRIDGE CASES), AND 3,980 POUNDS OF .50 CALIBER PROJECTILES, OR A TOTAL WEIGHT OF 8,200 POUNDS, VALUED AT $1,442.67. THE ADMINISTRATIVE OFFICE NOW REPORTS THAT THE MATERIAL WAS AGAIN EXAMINED AND WEIGHED AFTER THE RECEIPT OF YOUR LETTER OF NOVEMBER 27, 1953, WITH THE ATTACHED EXHIBITS, AND THAT CERTAIN DISCREPANCIES IN THE FORMER REPORTS HAVE BEEN FOUND. NOW APPEARS THAT THERE REMAINS ON HAND AT THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, 5,011 POUNDS OF STEEL (LINKS), 7,091 POUNDS OF BRASS (CARTRIDGE CASES), AND 4,161 POUNDS OF LEAD, STEEL AND COPPER (PROJECTILES), OR A TOTAL OF 16,263 POUNDS OF METALS, VALUED AT $3,023.22.

COMPUTATIONS BY THE ADMINISTRATIVE OFFICE INDICATE THAT THE SHIPMENT, WHICH WEIGHED 54,306 POUNDS AS PREPARED FOR SHIPMENT, CONTAINED LESS THAN 40,000 POUNDS OF METAL, THE BALANCE OF THE WEIGHT BEING COMPOSED OF PRIMERS, PROPELLING CHARGES, DUNNAGE, AND PACKING MATERIAL. ON THE BASIS OF THIS DETERMINATION, MORE THAN 40 PERCENT OF THE METALIC CONTENTS HAVE BEEN RECOVERED AS SALVAGE. STATEMENTS MADE BY ORDNANCE EXPERTS OF THE NAVY DEPARTMENT ARE TO THE EFFECT THAT THIS RECOVERY IS SUBSTANTIAL AND ALL THAT COULD REASONABLY BE EXPECTED, IN VIEW OF THE CIRCUMSTANCES SURROUNDING THE DESTRUCTION OF THIS PROPERTY.

ACCORDINGLY, THERE REMAINS DUE THE UNITED STATES $17,551.78 ($20,575 LESS $3,023.22), AFTER ALLOWING CREDIT FOR THE REVISED VALUE OF THE SALVAGE, AS DETERMINED BY THE ADMINISTRATIVE OFFICE, AND THIS OFFICE IS WITHOUT AUTHORITY TO ACCEPT LESS THAN THAT AMOUNT IN SETTLEMENT OF THIS CLAIM.