B-132821, NOV. 22, 1957

B-132821: Nov 22, 1957

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INC.: REFERENCE IS MADE TO YOUR LETTER OF MAY 24. ALLEGED TO HAVE BEEN DAMAGED WHILE BEING TRANSPORTED FROM CHAMBLEE. YOU REQUEST THAT FURTHER COLLECTION ACTION BE HELD IN ABEYANCE PENDING CONSIDERATION OF REPRESENTATIVES CONTAINED IN YOUR LETTER WHICH YOU FEEL RAISES CONSIDERABLE DOUBT AS TO WHETHER YOU ARE LEGALLY LIABLE FOR THE DAMAGE. A FURTHER REPORT WAS REQUESTED IN AN ATTEMPT TO CLARIFY THE MATTER. WHILE ON THE PRESENT RECORD THE QUESTION OF YOUR LIABILITY IN THIS MATTER IS NOT FREE FROM DOUBT. IS BEING CLOSED. WE WILL NOT PURSUE THE MATTER FURTHER.

B-132821, NOV. 22, 1957

TO SUPERIOR TRUCKING COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1955, REGARDING YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $2,719.99, REPRESENTING $2,918.40--- THE COST OF OVERHAULING A LINK TRAINER, ALLEGED TO HAVE BEEN DAMAGED WHILE BEING TRANSPORTED FROM CHAMBLEE, FLORIDA, TO OPA-LOCKA, FLORIDA, UNDER GOVERNMENT BILL OF LADING NO. N 32378268, DATED APRIL 28, 1953--- LESS $198.41 ADMINISTRATIVELY SET-OFF IN PARTIAL LIQUIDATION OF SUCH INDEBTEDNESS. YOU REQUEST THAT FURTHER COLLECTION ACTION BE HELD IN ABEYANCE PENDING CONSIDERATION OF REPRESENTATIVES CONTAINED IN YOUR LETTER WHICH YOU FEEL RAISES CONSIDERABLE DOUBT AS TO WHETHER YOU ARE LEGALLY LIABLE FOR THE DAMAGE.

IN VIEW OF THE VARIANCE BETWEEN THE FACTS REPORTED BY THE DEPARTMENT OF THE NAVY REGARDING THIS SHIPMENT AND THE REPRESENTATIONS CONTAINED IN YOUR LETTER OF MAY 24, 1955, A FURTHER REPORT WAS REQUESTED IN AN ATTEMPT TO CLARIFY THE MATTER. IN RESPONSE TO SUCH REQUEST OUR TRANSPORTATION DIVISION HAS RECEIVED A SUPPLEMENTAL REPORT FROM THE U.S. NAVY REGIONAL ACCOUNTS OFFICE WHICH INDICATES THAT THERE MAY BE SOME MERIT TO YOUR CONTENTION IN THE MATTER. WHILE ON THE PRESENT RECORD THE QUESTION OF YOUR LIABILITY IN THIS MATTER IS NOT FREE FROM DOUBT, IN VIEW OF THE DEVELOPMENTS FOLLOWING RECEIPT OF YOUR LETTER, AND ON THE BASIS OF THE ENTIRE RECORD AVAILABLE, OUR FILE, AS IT NOW STANDS, IS BEING CLOSED, AND WE WILL NOT PURSUE THE MATTER FURTHER.