B-122130, SEP. 1, 1955

B-122130: Sep 1, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 24. IT WAS HELD THAT THERE WAS NO LEGAL AUTHORITY FOR ALLOWING YOUR CLAIM. WHICH WERE BEFORE THIS OFFICE AND WHICH WERE CAREFULLY CONSIDERED AT THE TIME THE DECISION WAS RENDERED. ESPECIALLY SINCE THERE HAS NOT BEEN FURNISHED CONCLUSIVE EVIDENCE THAT THE DIFFERENCE IN WEIGHTS WAS NOT DUE TO LOSS IN TRANSIT.

B-122130, SEP. 1, 1955

TO LURIA BROTHERS AND COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 24, 1955, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $1,005.13 REPRESENTING THE CONTRACT PRICES OF ALLEGED SHORTAGES OF SCRAP STEEL DELIVERED TO YOU UNDER CONTRACTS NOS. DA/S/-18-001-ORD-17 AND DA/S/-18 001-ORD-25.

THE CONTENTIONS URGED BY YOU RECEIVED CAREFUL CONSIDERATION AND, FOR THE REASONS STATED IN OUR DECISION OF JANUARY 20, 1955, TO YOU, IT WAS HELD THAT THERE WAS NO LEGAL AUTHORITY FOR ALLOWING YOUR CLAIM. YOUR LETTER OF JUNE 24, 1955, CONTAINS A MERE RESTATEMENT OF THE CONTENTIONS EXPRESSED IN A NUMBER OF LETTERS TO THE ADMINISTRATIVE OFFICES CONCERNED WITH THE MATTER, WHICH WERE BEFORE THIS OFFICE AND WHICH WERE CAREFULLY CONSIDERED AT THE TIME THE DECISION WAS RENDERED. IT MIGHT BE RESTATED, HOWEVER, THAT THE MERE FACT THE RAILROAD COMPANY HAS ADJUSTED THE FREIGHT CHARGES ON THE WEIGHTS AT DESTINATION REPORTED BY YOU MAY NOT BE REGARDED AS REFUTING THE SWORN STATEMENT OF THE WEIGHMASTER AT THE POINT OF SHIPMENT WHICH INDICATES CORRECT WEIGHING PROCEDURES, ESPECIALLY SINCE THERE HAS NOT BEEN FURNISHED CONCLUSIVE EVIDENCE THAT THE DIFFERENCE IN WEIGHTS WAS NOT DUE TO LOSS IN TRANSIT. FURTHERMORE, THE ENCLOSURES WITH YOUR LETTER OF JUNE 24, 1955, CONTAIN NO DATA NOT PREVIOUSLY CONSIDERED AND A REEXAMINATION OF THE RECORD DISCLOSES NOTHING WHICH WOULD REQUIRE OR JUSTIFY A CONCLUSION DIFFERENT FROM THAT EXPRESSED IN THE DECISION OF JANUARY 20, 1955.