B-167087, MAR. 24, 1970

B-167087, MAR. 24, 1970

TO INTERSTATE INVESTORS, INC.:

YOUR LETTER OF FEBRUARY 20, 1970, IN EFFECT, REQUESTS REVIEW OF OUR DECISIONS OF JULY 25 AND OCTOBER 31, 1969, AND FEBRUARY 17, 1970, B 167087, TO YOU, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $928.90.

IN OUR DECISION OF JULY 25, 1969, WE CONCLUDED THAT THE CHARGES LEVIED BY THE INTERSTATE COMMERCE COMMISSION (ICC) FOR THE REPRODUCTION AND CERTIFICATION OF CERTAIN RECORDS WERE AUTHORIZED UNDER 31 U.S.C. 483A (FORMERLY 5 U.S.C. 140), AND THAT THE PROVISIONS OF 28 U.S.C. 2112 WERE NOT APPLICABLE TO DISTRICT COURT PROCEEDINGS. ACCORDINGLY, WE HELD IN THE DECISION THAT YOU WERE INDEBTED TO THE UNITED STATES IN THE ABOVE AMOUNT FOR THE COST OF THE RECORDS FURNISHED YOU BY ICC. AT YOUR REQUEST WE REVIEWED OUR JULY 25 DECISION TWICE AND SUSTAINED IT BY OUR DECISIONS OF OCTOBER 31, 1969, AND FEBRUARY 17, 1970, THUS UPHOLDING YOUR INDEBTEDNESS TO THE UNITED STATES. THE REASONS FOR OUR CONCLUSIONS IN THE MATTER ARE FULLY SET FORTH IN THE ABOVE-CITED DECISIONS AND NEED NOT BE REPEATED HERE.

IN CONNECTION WITH OUR PRIOR DECISIONS ON THE QUESTION OF YOUR INDEBTEDNESS, WE CAREFULLY REVIEWED THE PERTINENT STATUTES (31 U.S.C. 483A AND 28 U.S.C. 2112), THEIR LEGISLATIVE HISTORIES, THE VARIOUS CONTENTIONS MADE BY YOU, AND THE COURT CASES CITED IN YOUR INSTANT LETTER. WE FIND NOTHING IN YOUR LATEST LETTER WHICH REQUIRES A CONCLUSION CONTRARY TO THE ONE REACHED IN OUR EARLIER DECISIONS INSOFAR AS YOUR INDEBTEDNESS IS CONCERNED. ACCORDINGLY, WE MUST SUSTAIN OUR PRIOR DECISIONS IN THE MATTER.

THIS IS THE FOURTH TIME WE HAVE CONSIDERED THE QUESTION OF YOUR INDEBTEDNESS TO THE UNITED STATES AND SINCE NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CORRESPONDENCE WITH THIS OFFICE IN THE MATTER, WE ARE INSTRUCTING OUR CLAIMS DIVISION TO REFER YOUR INDEBTEDNESS TO THE DEPARTMENT OF JUSTICE FOR APPROPRIATE ACTION AS INDICATED IN OUR LETTER OF FEBRUARY 17, 1970.