B-144941, MAY 29, 1961
Highlights
WE ALSO NOTE THAT IT IS THE POSITION OF THE SIGNERS OF THE LETTER THAT THE DEDUCTION SHOULD NOT HAVE BEEN MADE FROM THE FINAL CONTRACT PAYMENT. THE POSITION OF OUR OFFICE IN THE MATTER IS FULLY SET OUT IN OUR LETTER OF FEBRUARY 27. WE WILL CONSIDER THE MATTER AS CLOSED OTHER THAN TO NOTE THE CONTENTS OF THE INSTANT LETTER.
B-144941, MAY 29, 1961
TO JOHN A. GRAMBLING, ESQUIRE:
RECEIPT IF ACKNOWLEDGED OF LETTER DATED APRIL 20, 1961, SIGNED BY YOU AS ATTORNEY FOR THE TRINITY UNIVERSAL INSURANCE COMPANY, BY ROBERT S. PINE, ATTORNEY FOR THE PHELPS CONSTRUCTION COMPANY, AND BY WILLIAM V. MORRISON, TRUSTEE IN BANKRUPTCY FOR H. CLINTON RODGERS, ADVISING THAT THE CASHING OF THE CHECK IN THE AMOUNT OF $8,278.64 AS FINAL PAYMENT UNDER CONTRACT NO. DA-29-005-ENG-2338 DOES NOT CONSTITUTE A WAIVER FOR THE BALANCE OF $36,321.31 OTHERWISE DUE UNDER THE CONTRACT WHICH HAD BEEN PAID TO THE INTERNAL REVENUE SERVICE. WE ALSO NOTE THAT IT IS THE POSITION OF THE SIGNERS OF THE LETTER THAT THE DEDUCTION SHOULD NOT HAVE BEEN MADE FROM THE FINAL CONTRACT PAYMENT.
THE POSITION OF OUR OFFICE IN THE MATTER IS FULLY SET OUT IN OUR LETTER OF FEBRUARY 27, 1961, TO YOU. IN VIEW THEREOF, WE WILL CONSIDER THE MATTER AS CLOSED OTHER THAN TO NOTE THE CONTENTS OF THE INSTANT LETTER.