B-125873, DEC. 1, 1955

B-125873: Dec 1, 1955

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TO LOUISVILLE AND NASHVILLE RAILROAD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 29. YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON MAY 16. YOUR CLAIM WAS AGAIN FORWARDED TO OUR OFFICE FOR CONSIDERATION ON JULY 22. BY THE VETERANS ADMINISTRATION HOSPITAL AND YOU WERE ADVISED BY LETTER OF SEPTEMBER 21. THAT IS. FROM THE DATES THE MEALS WERE FURNISHED. IT APPEARS TO BE YOUR CONTENTION THAT SINCE YOU HAVE BEEN NEGOTIATING WITH THE VETERANS ADMINISTRATION SINCE JANUARY 1949. THERE IS NO JUSTIFICATION FOR THE ENFORCEMENT OF THE 10-YEAR LIMITATION PROVIDED IN THE ACT OF OCTOBER 9. IT WILL BE OBSERVED THAT THE STATUTE. IT FOLLOWS THAT WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT UNDER THE TERMS OF THE STATUTE THE CLAIM IS BARRED AND MAY NOT BE CONSIDERED BY OUR OFFICE.

B-125873, DEC. 1, 1955

TO LOUISVILLE AND NASHVILLE RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 29, 1955, WITH ENCLOSURES, REFERENCE B-5032, REQUESTING FURTHER CONSIDERATION OF THE ACTION TAKEN BY OUR OFFICE PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 237, BARRING YOUR CLAIM FOR $32 REPRESENTING THE COST OF MEALS ALLEGEDLY FURNISHED DURING THE MONTH OF JUNE 1943 ON 44 VETERANS ADMINISTRATION MEAL REQUESTS.

YOUR CLAIM WAS FIRST RECEIVED IN OUR OFFICE ON MAY 16, 1955, FROM THE VETERANS ADMINISTRATION HOSPITAL, TUSKEGEE, ALABAMA, AND ON JUNE 6, 1955, THE CLAIMS DIVISION RETURNED THE CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940. YOUR CLAIM WAS AGAIN FORWARDED TO OUR OFFICE FOR CONSIDERATION ON JULY 22, 1955, BY THE VETERANS ADMINISTRATION HOSPITAL AND YOU WERE ADVISED BY LETTER OF SEPTEMBER 21, 1955, THAT THE ACT OF OCTOBER 9, 1940, EXPRESSLY BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, THAT IS, FROM THE DATES THE MEALS WERE FURNISHED.

IT APPEARS TO BE YOUR CONTENTION THAT SINCE YOU HAVE BEEN NEGOTIATING WITH THE VETERANS ADMINISTRATION SINCE JANUARY 1949, THERE IS NO JUSTIFICATION FOR THE ENFORCEMENT OF THE 10-YEAR LIMITATION PROVIDED IN THE ACT OF OCTOBER 9, 1940.

IT WILL BE OBSERVED THAT THE STATUTE, WITH EXCEPTIONS NOT HERE MATERIAL, EXPRESSLY BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE FILING OF A CLAIM IN AN ADMINISTRATIVE OFFICE WITHIN THE PRESCRIBED TIME DOES NOT MEET THE STATUTORY REQUIREMENT. THE LAW DOES NOT GRANT US THE RIGHT TO MAKE AN EXCEPTION TO ITS PROVISIONS. IT FOLLOWS THAT WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT UNDER THE TERMS OF THE STATUTE THE CLAIM IS BARRED AND MAY NOT BE CONSIDERED BY OUR OFFICE.