B-125420, APR. 17, 1964

B-125420, APR. 17, 1964

TO MR. JESS E. FRANCIS:

WE HAVE CONSIDERED YOUR LETTERS OF DECEMBER 20, 1963, AND JANUARY 31, 1964, CONCERNING THE JUDGMENTS FOR $952.75 AND $256.12 ENTERED IN THIS SUIT ON APRIL 28, 1961, AND SEPTEMBER 17, 1963 (ON REMAND FROM THE NINTH CIRCUIT COURT OF APPEALS, NO. 17,607, DECIDED JUNE 28, 1963). IN THE EARLIER LETTER YOU ASKED US TO SET OFF THE PRINCIPAL AMOUNTS FROM FUNDS DUE JESS E. FRANCIS, DOING BUSINESS AS CONTINENTAL FREIGHT LINES, AND TO WAIVE THE STATUTORY SEVEN PERCENT INTEREST WHICH THE JUDGMENTS BEAR FROM DATE OF ENTRY UNTIL PAID. IN THE SECOND LETTER, YOU IDENTIFIED EIGHT SETTLED CLAIMS RAISING AN ISSUE SIMILAR TO ONE DECIDED IN YOUR FAVOR IN THE CASE, AND ASKED THAT THEY BE REVIEWED AND RECONSIDERED IN THE LIGHT OF THE DECISIONS IN CIVIL ACTION NO. 944-58 WM.

IN THE CIRCUMSTANCES OF THIS CASE, WE HAVE CONCLUDED THAT WE WILL REVIEW THE EIGHT SETTLEMENTS IDENTIFIED IN YOUR LETTER OF JANUARY 31. DUE TO SIMILARITIES BETWEEN THE SHIPMENTS CONCERNED IN THE SETTLEMENTS AND THOSE TRIED TO THE DISTRICT COURT, WE HAVE DETERMINED THAT THE CHARGES SHOULD BE ADJUSTED TO REFLECT THE SCRAP BRASS RATES. WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO REVISE THESE EIGHT SETTLEMENTS ON THAT BASIS AND TO APPLY THE AMOUNTS FOUND DUE YOU IN LIQUIDATION OF THE JUDGMENTS, INCLUDING INTEREST, ENTERED IN CIVIL ACTION NO. 944-58 WM. THE INTEREST WILL BE COMPUTED THROUGH MARCH 31, 1964.

WE ARE COLLECTING THE INTEREST BECAUSE WE HAVE NO INDEPENDENT AUTHORITY TO WAIVE INTEREST ON JUDGMENTS. ONLY THE DEPARTMENT OF JUSTICE IS AUTHORIZED TO WAIVE THE RIGHT TO THE INTEREST ALLOWED BY THE JUDGMENT ORDERS. WE HAVE REPORTED YOUR REQUEST FOR WAIVER TO THE DEPARTMENT AND HAVE RECOMMENDED AGAINST THE WAIVER, IN VIEW OF OUR CONCLUSION AS TO REVIEW OF THESE SETTLEMENTS, WHICH WERE ISSUED IN 1955 AND 1956, AND ON WHICH THE CLAIMS ACCRUED IN 1952 AND 1953.

OUR TRANSPORTATION DIVISION WILL ADVISE YOU WHEN THE SETOFF HAS BEEN EFFECTED.