B-128824, SEP. 14, 1959
Highlights
TO SIDNEY COHEN: WE HAVE YOUR LETTER OF MAY 30. THE HISTORY OF THE TRANSACTIONS BASIC TO THESE REFUNDS WAS RECITED IN OUR LETTER OF JUNE 27. THE TOTAL AMOUNT PAID OVER BY YOUR CHECKS SEEMS TO HAVE BEEN $4. YOUR PRESENT REQUEST IS PREMISED APPARENTLY UPON YOUR INTERPRETATION OF A "RULING. YOU HAVE FAILED. TO SHOW THAT THE RULING TO WHICH YOU REFER APPLIES TO ANY PARTICULAR TRANSPORTATION MOVEMENTS ON WHICH THE OVERPAYMENTS WERE DETERMINED.
B-128824, SEP. 14, 1959
TO SIDNEY COHEN:
WE HAVE YOUR LETTER OF MAY 30, 1959, SEEKING RECOVERY OF "APPROXIMATELY $4,500.00" PAID BY CHECKS SIGNED BY YOU IN REFUND OF OVERPAYMENTS FOR TRANSPORTATION COLLECTED BY THE BROWN DECAMP EXPRESS COMPANY.
THE HISTORY OF THE TRANSACTIONS BASIC TO THESE REFUNDS WAS RECITED IN OUR LETTER OF JUNE 27, 1957, B-128824, TO YOUR REPRESENTATIVE, MR. MERCER M. RICE, AND IN OUR LETTER OF OCTOBER 23, 1957, B-128824, TO YOU, AND NEED NOT BE RECAPITULATED HERE. THE TOTAL AMOUNT PAID OVER BY YOUR CHECKS SEEMS TO HAVE BEEN $4,057.06. YOUR PRESENT REQUEST IS PREMISED APPARENTLY UPON YOUR INTERPRETATION OF A "RULING, SET FORTH BY THE UNITED STATES SUPREME COURT AND PUBLISHED IN THE JUNE 1ST 1959, ISSUE OF THE U.S. NEWS AND WORLD REPORT.' YOU HAVE FAILED, HOWEVER, TO SHOW THAT THE RULING TO WHICH YOU REFER APPLIES TO ANY PARTICULAR TRANSPORTATION MOVEMENTS ON WHICH THE OVERPAYMENTS WERE DETERMINED. ALSO, AS WE POINTED OUT IN OUR LETTER OF OCTOBER 23, 1957, BOTH YOU AND YOUR THEN TRAFFIC REPRESENTATIVE, MR. E. F. MACMILLAN, WHO SURVEYED THE OVERPAYMENTS IN OUR TRANSPORTATION DIVISION ON JANUARY 5, AND JANUARY 17, 1952, IN CONFERENCES IN OUR TRANSPORTATION DIVISION ON JANUARY 25 AND MAY 1, 1952, CONCEDED THE VALIDITY OF THE OVERPAYMENTS AND MADE ARRANGEMENTS FOR LIQUIDATION OF THE DEBT WHICH CULMINATED IN THE TENDER OF YOUR CHECKS THEREFOR.
IN THE CIRCUMSTANCES, AND SINCE YOU HAVE OFFERED NOTHING TO SUPPORT REOPENING AND ..END :