B-140645, FEB. 2, 1960

B-140645: Feb 2, 1960

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ALBERT HIMMELFARB: REFERENCE IS MADE TO LETTERS DATED AUGUST 24 AND NOVEMBER 4. ALTHOUGH THE CERTIFICATE WAS REINSTATED UPON THE RECOMMENDATION OF THE ADMINISTRATIVE BOARD OF REVIEW WHICH CONSIDERED THE APPEAL MADE BY YOU IN THE MATTER. WE ARE OF THE OPINION THAT THE COORDINATOR OF SALES HAD SUFFICIENT REASONS FOR SUSPENDING YOUR RIGHT TO MAKE FURTHER DELIVERIES UNDER THE PROGRAM PENDING THE COMPLETION OF AN INVESTIGATION OF YOUR MANGANESE OPERATIONS. WITHOUT DECIDING THE QUESTION AS TO WHETHER A BINDING CONTRACT WAS CREATED BY THE APPLICATION FOR AND ISSUANCE OF THE CERTIFICATE. IT NEVERTHELESS APPEARS THAT YOUR CERTIFICATE COULD HAVE BEEN SUSPENDED WITHOUT LIABILITY TO THE GOVERNMENT IN VIEW OF SUBSTANTIAL INDICATIONS TO THE EFFECT THAT YOU HAD BEEN SHIPPING ORE OF FOREIGN ORIGIN TO THE GOVERNMENT AND THAT YOU WERE NOT A DOMESTIC PRODUCER BUT HAD BEEN SELLING ORE WHICH HAD BEEN PURCHASED FROM OTHER PERSONS OR FIRMS IN THE MANGANESE BUSINESS.

B-140645, FEB. 2, 1960

TO MR. ALBERT HIMMELFARB:

REFERENCE IS MADE TO LETTERS DATED AUGUST 24 AND NOVEMBER 4, 1959, FROM THE FIRM OF MILLER, BROWN AND GILDENHORN, RETAINED TO PROSECUTE YOUR CLAIM AGAINST THE GOVERNMENT IN THE AMOUNT OF $77,018.44 AS DAMAGES ALLEGEDLY SUSTAINED IN CONNECTION WITH THE SUSPENSION OF YOUR CERTIFICATE OF AUTHORIZATION TO PARTICIPATE IN THE DOMESTIC MANGANESE PURCHASE PROGRAM OF THE GENERAL SERVICES ADMINISTRATION.

AS STATED IN OUR LETTER DECEMBER 1, 1959, TO YOUR ATTORNEYS, WE RECEIVED A REPORT ON YOUR CLAIM FROM THE GENERAL SERVICES ADMINISTRATION. SINCE THAT DATE, REPRESENTATIVES OF OUR OFFICE REVIEWED THE FILES OF THE GENERAL SERVICES ADMINISTRATION CONCERNING THE BACKGROUND OF THE DOMESTIC MANGANESE PURCHASE PROGRAM AND THE CIRCUMSTANCES RELATING TO THE SUSPENSION OF YOUR CERTIFICATE.

ALTHOUGH THE CERTIFICATE WAS REINSTATED UPON THE RECOMMENDATION OF THE ADMINISTRATIVE BOARD OF REVIEW WHICH CONSIDERED THE APPEAL MADE BY YOU IN THE MATTER, WE ARE OF THE OPINION THAT THE COORDINATOR OF SALES HAD SUFFICIENT REASONS FOR SUSPENDING YOUR RIGHT TO MAKE FURTHER DELIVERIES UNDER THE PROGRAM PENDING THE COMPLETION OF AN INVESTIGATION OF YOUR MANGANESE OPERATIONS. WITHOUT DECIDING THE QUESTION AS TO WHETHER A BINDING CONTRACT WAS CREATED BY THE APPLICATION FOR AND ISSUANCE OF THE CERTIFICATE, IT NEVERTHELESS APPEARS THAT YOUR CERTIFICATE COULD HAVE BEEN SUSPENDED WITHOUT LIABILITY TO THE GOVERNMENT IN VIEW OF SUBSTANTIAL INDICATIONS TO THE EFFECT THAT YOU HAD BEEN SHIPPING ORE OF FOREIGN ORIGIN TO THE GOVERNMENT AND THAT YOU WERE NOT A DOMESTIC PRODUCER BUT HAD BEEN SELLING ORE WHICH HAD BEEN PURCHASED FROM OTHER PERSONS OR FIRMS IN THE MANGANESE BUSINESS. MOREOVER, SINCE YOUR CLAIM IS CLEARLY AN UNLIQUIDATED CLAIM FOR DAMAGES AND THE AMOUNTS ARE HIGHLY SPECULATIVE AND CONJECTURAL, THE PROPER FORUM FOR THE LIQUIDATION OF CLAIMS OF THIS NATURE IS THE COURT OF CLAIMS WHERE THE EVIDENCE MAY BE WEIGHED AND RESOLVED.

IN THE CIRCUMSTANCES, OUR OFFICE IS REQUIRED TO REJECT YOUR CLAIM. SEE LONGWILL V. UNITED STATES, 17 C.CLS. 288, 291; AND CHARLES V. UNITED STATES, 19 ID. 316, 319.