B-44794, JUL. 25, 1955

B-44794: Jul 25, 1955

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INC.: REFERENCE IS MADE TO YOUR RECENT INQUIRY AS TO WHETHER THE GOVERNMENT WILL APPEAL THE DECISION IN W. IN VIEW OF THAT FACT ANY CLAIMS THAT MAY BE FILED IN THIS OFFICE INVOLVING SIMILAR TRAFFIC WILL BE CONSIDERED TO THE EXTENT OF OUR AUTHORIZATION. THE FACTS AND CIRCUMSTANCES SURROUNDING THE TRANSPORTATION FOR WHICH THE CLAIM FOR ADDITIONAL CHARGES IS MADE.

B-44794, JUL. 25, 1955

TO MR. W. J. BURNS, MANAGING DIRECTOR, MUNITIONS CARRIERS CONFERENCE, INC.:

REFERENCE IS MADE TO YOUR RECENT INQUIRY AS TO WHETHER THE GOVERNMENT WILL APPEAL THE DECISION IN W. T. COWAN, INCORPORATED V. UNITED STATES, COURT OF CLAIMS NO. 49306, DECIDED JANUARY 11, 1955, OR WHETHER THE CARRIERS SHOULD NOW FILE THEIR CLAIMS WITH THE GENERAL ACCOUNTING OFFICE FOR MONEY BELIEVED DUE.

THIS OFFICE HAS BEEN ADVISED THAT THE SOLICITOR GENERAL OF THE UNITED STATES HAS DECIDED NOT TO FILE A PETITION FOR A WRIT OF CERTIORARI IN THIS CASE. IN VIEW OF THAT FACT ANY CLAIMS THAT MAY BE FILED IN THIS OFFICE INVOLVING SIMILAR TRAFFIC WILL BE CONSIDERED TO THE EXTENT OF OUR AUTHORIZATION, IN THE LIGHT OF THE COURT'S HOLDING IN THE COWAN CASE, AND THE FACTS AND CIRCUMSTANCES SURROUNDING THE TRANSPORTATION FOR WHICH THE CLAIM FOR ADDITIONAL CHARGES IS MADE.