B-131294, JAN. 21, 1960
Highlights
FROM THE COMMISSION WE HAVE RECEIVED AN EXHAUSTIVE REPORT OF INVESTIGATION PERFORMED BY THE COMMISSION'S DIVISION OF INSPECTION. THE REPORT REVEALS SUBSTANTIAL DIFFERENCES AMONG THE PARTIES ON BOTH SIDES WITH RESPECT TO THE MATERIAL FACTS AND INTERPRETATIONS UPON WHICH YOUR CLAIM IS BASED. THESE FACTORS HAVE PREVIOUSLY BEEN CONSIDERED AT EXTREME LENGTH BY THE PARTIES AND NO PURPOSE WOULD BE SERVED BY RESTATING THEM HERE. AS YOU WERE ADVISED IN OUR LETTER OF JULY 23. OUR OFFICE MAY GIVE FAVORABLE CONSIDERATION ONLY TO THOSE CLAIMS AGAINST THE GOVERNMENT WHOSE VALIDITY IS NOT SUBJECT TO ANY SUBSTANTIAL DOUBT. SINCE SUBSTANTIAL DOUBT EXISTS AS TO THE FACTS UPON WHICH THE CLAIM IS BASED.
B-131294, JAN. 21, 1960
TO ELECTRIC STEEL FOUNDRY COMPANY:
WE REFER TO A LETTER OF JULY 25, 1958, FROM MR. KNIGHT FORWARDING A LETTER OF JULY 22, 1958, FROM MR. PAUL A. TOBELMANN, PRESIDENT OF THE SWEPCO TUBE CORPORATION, WHICH SETS OUT FURTHER ARGUMENTS IN SUPPORT OF YOUR CLAIM AGAINST THE ATOMIC ENERGY COMMISSION IN CONNECTION WITH THE CANCELLATION OF BLAW-KNOX PURCHASE ORDER NO. BKC 4100-1558 UNDER AEC CONTRACT NO. AT (45-1/-664, AND REQUESTS FURTHER EXAMINATION OF THE CLAIM BY PERSONNEL OUTSIDE OF THE HANFORD OPERATIONS OFFICE, AEC.
BY LETTER OF DECEMBER 10, 1959, FROM THE COMMISSION WE HAVE RECEIVED AN EXHAUSTIVE REPORT OF INVESTIGATION PERFORMED BY THE COMMISSION'S DIVISION OF INSPECTION. THE REPORT REVEALS SUBSTANTIAL DIFFERENCES AMONG THE PARTIES ON BOTH SIDES WITH RESPECT TO THE MATERIAL FACTS AND INTERPRETATIONS UPON WHICH YOUR CLAIM IS BASED. THESE FACTORS HAVE PREVIOUSLY BEEN CONSIDERED AT EXTREME LENGTH BY THE PARTIES AND NO PURPOSE WOULD BE SERVED BY RESTATING THEM HERE.
AS YOU WERE ADVISED IN OUR LETTER OF JULY 23, 1957, SUSTAINING THE DISALLOWANCE OF NOVEMBER 14, 1956, OUR OFFICE MAY GIVE FAVORABLE CONSIDERATION ONLY TO THOSE CLAIMS AGAINST THE GOVERNMENT WHOSE VALIDITY IS NOT SUBJECT TO ANY SUBSTANTIAL DOUBT, EITHER LEGAL OR FACTUAL. CHARLES V. UNITED STATES, 19 C.CLS. 316; LONGWILL V. UNITED STATES, 17 C.CLS. 288. THEREFORE, SINCE SUBSTANTIAL DOUBT EXISTS AS TO THE FACTS UPON WHICH THE CLAIM IS BASED, AND SINCE OUR OFFICE HAS NO FACILITIES FOR HEARING SWORN TESTIMONY OR OTHERWISE DECIDING DISPUTED QUESTIONS OF FACT, WE MUST SUSTAIN THE EARLIER DISALLOWANCE AND LEAVE YOU TO WHATEVER REMEDY MAY BE AVAILABLE IN THE APPROPRIATE JUDICIAL FORUM.