B-158893 November 7, 1966

B-158893: Nov 7, 1966

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The offer was submitted to our Office with your letter dated January 24. We believe that our exchange of letters with respect to the acceptance of the offer as related to the particular situation involved is adequate to provide for relief from further liability of Capitol Airways and its insurers in this matter. We are not in a position to execute the specific kind of formal release that you request and feel that the correspondence that has been exchanged will serve to afford the secretary immunity from further action by the United States in enforcement of any liability for damages in connection with the incident involved. We suggest that the check which is drawn in this case embody a condition (possibly on the back of the check) to the effect that the check so drawn is in full satisfaction of.

B-158893 November 7, 1966

Mr. John L. McWhorter Peter J. McBreen & Associates 1450 S. W. 1st Street Miami, Florida 33145

Dear Mr. McWhorter:

Please refer to your letter of October 25, 1966, referring to your files G-3629-1 and G3629-2. You suggest that we execute a release of all claims in connection with the settlement of the Air Force claim against Capitol Airways, Inc., in the amount $58,879.95 by payment of $29,692.95.

As we indicated to you in our letter of September 7, 1966, the Department of Justice authorized acceptance of your offer of payment of $29,692.95. The offer was submitted to our Office with your letter dated January 24, 1966, in which you described and limited the offer so made as being in settlement of the Air Force claim for damages arising out of the collision incident at the Seymour Johnson Air Force Base, North Carolina, on November 21, 1963.

We believe that our exchange of letters with respect to the acceptance of the offer as related to the particular situation involved is adequate to provide for relief from further liability of Capitol Airways and its insurers in this matter. We are not in a position to execute the specific kind of formal release that you request and feel that the correspondence that has been exchanged will serve to afford the secretary immunity from further action by the United States in enforcement of any liability for damages in connection with the incident involved. We suggest that the check which is drawn in this case embody a condition (possibly on the back of the check) to the effect that the check so drawn is in full satisfaction of, and discharges Capitol Airways and its insurer from, all further liability to the United States in connection with the collision incident at Seymour Johnson Air Force Base, North Carolina, on November 21, 1963. Any appropriate language to this effect should be serve to provide the assurance which you seek.

Please let us have your check within a reasonable time in order that we may inform the Department of Justice of the final action taken pursuant to the authorized compromise settlement.

Very truly yours,

R.F. KELLER General Counsel