B-126797, JAN. 15, 1960
Highlights
JR.: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18. REQUESTING THAT WE PROCEED WITH OUR REVIEW OF THE ACTION WHICH WE HAVE HERETOFORE TAKEN WITH RESPECT TO YOUR CLAIM IN CONNECTION WITH THE PERFORMANCE OF CONTRACT NO. WE HAVE CONCLUDED THAT INSUFFICIENT LEGAL BASIS EXISTS FOR CHARGING THE ESTATE OF H. REPRESENTING THE AMOUNT WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE FOUND TO BE DUE THE ESTATE IN THE SETTLEMENT OF MAY 2. WE HAVE ALSO CONCLUDED THAT. REFUND IN THE AMOUNT OF $903 IS DUE YOU ON THIS ITEM. WHICH IS THE TOTAL AMOUNT OF YOUR CLAIM AS RESTATED IN MR. WILL ISSUE AS PROMPTLY AS POSSIBLE.
B-126797, JAN. 15, 1960
TO EXECUTRICES OF THE ESTATE OF H. A. PAGE, JR.:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 18, 1959, REQUESTING THAT WE PROCEED WITH OUR REVIEW OF THE ACTION WHICH WE HAVE HERETOFORE TAKEN WITH RESPECT TO YOUR CLAIM IN CONNECTION WITH THE PERFORMANCE OF CONTRACT NO. W -148-QM-3199, DATED APRIL 11, 1938, AS SET FORTH IN OUR DECISION B-126797, DATED SEPTEMBER 4, 1958.
AFTER RECONSIDERATION OF THE MATTER ON THE BASIS OF THE ENTIRE RECORD, INCLUDING THE MATTERS AND CONTENTIONS URGED IN MR. JOHN C. OSTROM'S LETTER, RECEIVED BY US UNDER DATE OF MARCH 3, 1959, WE HAVE CONCLUDED THAT INSUFFICIENT LEGAL BASIS EXISTS FOR CHARGING THE ESTATE OF H. A. PAGE, R., D/B/A FORT BENNING RAILROAD, WITH THE SUM OF $1,977.50, REPRESENTING THE AMOUNT WHICH WAS DEDUCTED FROM AMOUNTS OTHERWISE FOUND TO BE DUE THE ESTATE IN THE SETTLEMENT OF MAY 2, 1958, TO COVER CHARGES STATED TO BE DUE THE GOVERNMENT FOR THE SWITCHING OF 565 LOADED CARS FOR VARIOUS COMPANIES AND INDIVIDUALS FOR NON APPROPRIATED FUND ACTIVITIES DURING THE PERIOD MAY 26, 1953, THROUGH OCTOBER 20, 1954.
WE HAVE ALSO CONCLUDED THAT, UNDER THE CIRCUMSTANCES OF THE CASE, THE AMOUNT OF $1,204, REPRESENTING PAYMENT TO THE GOVERNMENT AT THE RATE OF $2.00 PER CAR FOR THE SWITCHING OF A TOTAL OF 602 LOADED CARS FOR THE CONSOLIDATED SAND AND GRAVEL COMPANY DURING THE PERIOD MAY 26 TO OCTOBER 22, 1953, MAY BE CONSIDERED SUFFICIENT TO DISCHARGE THE ESTATE'S LIABILITY TO THE GOVERNMENT WITH RESPECT TO THAT ASPECT OF THE CASE, AS CONTENDED FOR IN MR. OSTROM'S LETTER. SINCE THE AMOUNT OF $2,107, REFERRED TO IN OUR DECISION OF SEPTEMBER 4, 1958, AND REPRESENTING CHARGES AT THE RATE OF $3.50 PER CAR PREVIOUSLY DETERMINED TO BE DUE THE GOVERNMENT FOR THE SWITCHING OF THESE CARS HAS PREVIOUSLY BEEN CHARGED AGAINST YOU IN OUR SETTLEMENT ACTION, REFUND IN THE AMOUNT OF $903 IS DUE YOU ON THIS ITEM.
ACCORDINGLY, A SETTLEMENT AUTHORIZING PAYMENT TO YOU OF THE TOTAL AMOUNT OF $2,880.50, WHICH IS THE TOTAL AMOUNT OF YOUR CLAIM AS RESTATED IN MR. OSTROM'S LETTER, WILL ISSUE AS PROMPTLY AS POSSIBLE.