B-148426, MAY 10, 1962

B-148426: May 10, 1962

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INC.: WE HAVE YOUR LETTER OF APRIL 30. WAS DESTINED FOR DELIVERY IN LONDON. WHICH ITSELF BEARS NOTATIONS INDICATING THAT UPON INDORSEMENT AND PAYMENT THE DRAFT IS ACCEPTED IN FULL SETTLEMENT AND RELEASE OF ALL CLAIMS ARISING FROM LOSS UNDER THE AIR WAY BILL 023-2228 AND GOVERNMENT BILL OF LADING A-8435058. WHILE SUCH FORMS MAY BE ACCEPTABLE IN COMMERCIAL USAGE WHERE PRIVATE PARTIES ARE CONCERNED. IT IS NOT ONE OF THE FUNCTIONS OF OUR OFFICE TO EXECUTE SUCH A RELEASE OF CLAIM ARISING OUT OF LOSS AND DAMAGE TO A SHIPMENT MADE BY ANOTHER GOVERNMENT AGENCY. WE THEREFORE HAVE TODAY AUTHORIZED THE NEGOTIATION OF THE CHECK AND ARE CLOSING OUR FILE IN THE MATTER.

B-148426, MAY 10, 1962

TO SEABOARD WORLD AIRLINES, INC.:

WE HAVE YOUR LETTER OF APRIL 30, 1962, TRANSMITTING IN REPLY TO OUR LETTER OF APRIL 6, 1962, B-148426, YOUR INSURER'S DRAFT FOR $1,002.32, IN SETTLEMENT OF THE GOVERNMENT'S CLAIM FOR LOSS OF ONE TRANSMISSION ASSEMBLY MISSING FROM THE SHIPMENT UNDER FLYING TIGER AIR WAYBILL 023 2228, BILL OF LADING A-8435058, WHICH ORIGINATED AT MCCLELLAN AIR FORCE BASE, CALIFORNIA, AND WAS DESTINED FOR DELIVERY IN LONDON, ENGLAND. WITH SUCH CHECK, WHICH ITSELF BEARS NOTATIONS INDICATING THAT UPON INDORSEMENT AND PAYMENT THE DRAFT IS ACCEPTED IN FULL SETTLEMENT AND RELEASE OF ALL CLAIMS ARISING FROM LOSS UNDER THE AIR WAY BILL 023-2228 AND GOVERNMENT BILL OF LADING A-8435058, YOU FORWARDED FORMS OF GENERAL RELEASE IN DUPLICATE WITH THE REQUEST THEY BE EXECUTED AND RETURNED TO YOU.

WHILE SUCH FORMS MAY BE ACCEPTABLE IN COMMERCIAL USAGE WHERE PRIVATE PARTIES ARE CONCERNED, IT IS NOT ONE OF THE FUNCTIONS OF OUR OFFICE TO EXECUTE SUCH A RELEASE OF CLAIM ARISING OUT OF LOSS AND DAMAGE TO A SHIPMENT MADE BY ANOTHER GOVERNMENT AGENCY. HOWEVER, THE INDORSEMENT ON THE DRAFT, TOGETHER WITH OUR LETTER OF APRIL 6 AND THIS LETTER, SHOULD FURNISH YOU ADEQUATE RECORD OF SETTLEMENT OF THE PARTICULAR GOVERNMENT CLAIM INVOLVED.

WE THEREFORE HAVE TODAY AUTHORIZED THE NEGOTIATION OF THE CHECK AND ARE CLOSING OUR FILE IN THE MATTER.