B-128670, SEP. 12, 1960

B-128670: Sep 12, 1960

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IT APPEARS THAT THE MAGNETRONS WERE SOLD BY THE GOVERNMENT AS UNSERVICEABLE MATERIAL. EVEN IF IT COULD BE CONCEDED THAT SUCH VALUE IS A PROPER MEASURE OF THE GOVERNMENT'S LIABILITY. WE ARE THEREFORE DIRECTING SETTLEMENT OF YOUR CLAIM IN THAT AMOUNT.

B-128670, SEP. 12, 1960

TO SAYERS ELECTRIC EQUIPMENT, INC.:

IN OUR LETTER OF JUNE 30, 1960, TO YOUR ATTORNEY, WE ADVISED THAT OUR OFFICE HAD REQUESTED A REPORT FROM THE DEPARTMENT OF THE ARMY CONCERNING YOUR CLAIM FOR $14,050 ALLEGED TO BE DUE FOR 42 MAGNETRONS TAKEN FROM YOU BY THE DEPARTMENT OF THE ARMY.

THE REPORT HAS NOW BEEN RECEIVED, AND IT APPEARS THAT THE MAGNETRONS WERE SOLD BY THE GOVERNMENT AS UNSERVICEABLE MATERIAL. SINCE THE MATERIAL SUBMITTED IN SUPPORT OF THE AMOUNT CLAIMED PERTAINS TO THE FAIR MARKET VALUE OF SERVICEABLE MAGNETRONS, IT HAS NO EVIDENTIARY VALUE TO ESTABLISH THE FAIR MARKET VALUE OF UNSERVICEABLE MAGNETRONS, EVEN IF IT COULD BE CONCEDED THAT SUCH VALUE IS A PROPER MEASURE OF THE GOVERNMENT'S LIABILITY.

THE RECORD INDICATES THAT YOU PAID $1,850 FOR THE MAGNETRONS, AND THIS APPEARS TO BE THE FULL EXTENT OF YOUR ALLOWABLE DAMAGES UNDER ALL OF THE CIRCUMSTANCES IN THE MATTER. SEE TURNEY V. UNITED STATES, 126 CT.CL. 202, 216. WE ARE THEREFORE DIRECTING SETTLEMENT OF YOUR CLAIM IN THAT AMOUNT.

ANY FURTHER CORRESPONDENCE YOU MAY FIND NECESSARY SHOULD BE DIRECTED TO THE DIRECTOR, CLAIMS DIVISION, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C. ..END :

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