B-163547, MAY 5, 1969

B-163547: May 5, 1969

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LIQUIDATING TRUST: REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 27. OB-738 IS FOR $2. YOU INDICATE THAT THE CARGO WAS DISCHARGED AT THE U.S. THE DATE OF RECEIPT IN THIS OFFICE OF THE CLAIM FOR TRANSPORTATION CHARGES WAS FEBRUARY 12. ARE PRECLUDED FROM CONSIDERING THE $2. 049.38 PORTION OF YOUR CLAIM FOR TRANSPORTATION CHARGES BECAUSE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE TEN-YEAR TIME PERIOD PRESCRIBED BY 31 U.S.C. 71A WHICH PROVIDES AS FOLLOWS: "/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED. "/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.

B-163547, MAY 5, 1969

TO CHEMICAL CARRIERS, INC., LIQUIDATING TRUST:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 27, 1968, AND APRIL 25, 1969, PERTAINING TO CERTIFICATES OF SETTLEMENT WHICH DISALLOWED OIL TRANSFER CORPORATION CLAIMS NUMBERED OB-738, SEPTEMBER 16, 1957, 32-342, MARCH 10, 1956, OB-824, NOVEMBER 17, 1958, AND 33-518, DECEMBER 12, 1958 (OUR CLAIMS NUMBERED TK-790168, TK-872469, TK-871589, AND TK-871590, RESPECTIVELY).

YOUR INVOICE NO. OB-738 IS FOR $2,616.05, REPRESENTING $2,049.38 LINE- HAUL TRANSPORTATION CHARGES AND $566.67 DEMURRAGE CHARGES FOR TRANSPORTING 15,000 BARRELS OF GRADE JP-4 AVIATION FUEL FROM CARTERET, NEW JERSEY, TO THE U.S. NAVAL BASE AT QUONSET POINT, RHODE ISLAND. YOU INDICATE THAT THE CARGO WAS DISCHARGED AT THE U.S. NAVAL BASE ON SEPTEMBER 16, 1957. THE DATE OF RECEIPT IN THIS OFFICE OF THE CLAIM FOR TRANSPORTATION CHARGES WAS FEBRUARY 12, 1968, AND FOR THE DEMURRAGE CHARGES, OCTOBER 10, 1964. ARE PRECLUDED FROM CONSIDERING THE $2,049.38 PORTION OF YOUR CLAIM FOR TRANSPORTATION CHARGES BECAUSE IT WAS NOT RECEIVED IN THIS OFFICE WITHIN THE TEN-YEAR TIME PERIOD PRESCRIBED BY 31 U.S.C. 71A WHICH PROVIDES AS FOLLOWS:

"/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"/2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.'

WITH RESPECT TO THE $566.67 PORTION OF YOUR CLAIM FOR DEMURRAGE CHARGES, THE RECORDS ESTABLISH THAT THE SERVICE WAS REQUESTED AND PERFORMED; THAT DELIVERY AT DESTINATION WAS MADE WITHOUT EXCEPTION; AND THAT NO PAYMENT WAS MADE, AS SHOWN BY THE RECORDS OF THE U.S. NAVY FINANCE CENTER. ON THE BASIS OF THE INFORMATION FURNISHED, WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO ALLOW THE $566.67 AMOUNT CLAIMED, IF OTHERWISE PROPER.

YOU CLAIM PER INVOICE NO. 32-342, $634.93 FOR TRANSPORTATION SERVICES COMPLETED ON MARCH 10, 1956. SINCE THE CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL JANUARY 4, 1968, IT IS LIKEWISE TIME BARRED BY THE ABOVE- QUOTED STATUTE.

WITH RESPECT TO YOUR CLAIMS, PER INVOICE NOS. OB-824 FOR $2,132.56 AND 33 -518 FOR $2,956.47 FOR TRANSPORTATION SERVICES RENDERED TO THE UNITED STATES AIR FORCE, WE HAVE EXAMINED THE COPIES OF DOCUMENTS SUBMITTED AND FIND THAT THE RECORDS ESTABLISH THAT THE SERVICES WERE REQUESTED AND PERFORMED; THAT DELIVERY AT DESTINATION WAS MADE WITHOUT EXCEPTION; AND THAT NO PAYMENT WAS MADE, AS SHOWN BY THE RECORDS OF THE U.S. ARMY FINANCE CENTER. ON THE BASIS OF THE INFORMATION FURNISHED, WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO ALLOW THE AMOUNTS CLAIMED, IF OTHERWISE PROPER.

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