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B-150592, JAN. 23, 1963

B-150592 Jan 23, 1963
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FRANZ RATZINGER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 14. REPRESENTING AN AMOUNT ALLEGED TO HAVE BEEN DEPOSITED TO SECURE FAITHFUL PERFORMANCE OF RECONSTRUCTION WORK IN 1953 ON A MESSHALL IN CAMP TRUSCOTT. YOUR CLAIM WAS DENIED BECAUSE THERE WAS INSUFFICIENT EVIDENCE UPON WHICH TO ESTABLISH LIABILITY ON THE PART OF THE UNITED STATES. YOU WERE ADVISED THAT THE DEPARTMENT OF THE ARMY HAD REPORTED THAT A SEARCH OF ALL AVAILABLE RECORDS FAILED TO DISCLOSE A COLONEL TSCHOISS OR A CONTRACT ENTERED INTO FOR THE WORK ALLEGED TO HAVE BEEN PERFORMED. THE LETTER IS AS FOLLOWS: "USFA-GENERAL. 1953 TRUSCOTT "YOU ARE HEREWITH INFORMED THAT THE BOND OF 4. 000 AUSTRIAN SCHILLINGS FOR THE REMODELING OF THE MESSHALL OF CAMP TRUSCOTT WILL BE RELEASED FOR PAYMENT AFTER THE EXPIRATION OF THE SIX MONTH'S GUARANTEE PERIOD.

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B-150592, JAN. 23, 1963

TO MR. FRANZ RATZINGER:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 14, 1962, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 27, 1962, WHICH DISALLOWED YOUR CLAIM, Z 2220652, FOR 4,800 AUSTRIAN SCHILLINGS, PLUS INTEREST, REPRESENTING AN AMOUNT ALLEGED TO HAVE BEEN DEPOSITED TO SECURE FAITHFUL PERFORMANCE OF RECONSTRUCTION WORK IN 1953 ON A MESSHALL IN CAMP TRUSCOTT, SALZBURG, AUSTRIA.

YOUR CLAIM WAS DENIED BECAUSE THERE WAS INSUFFICIENT EVIDENCE UPON WHICH TO ESTABLISH LIABILITY ON THE PART OF THE UNITED STATES. IN THAT CONNECTION, YOU WERE ADVISED THAT THE DEPARTMENT OF THE ARMY HAD REPORTED THAT A SEARCH OF ALL AVAILABLE RECORDS FAILED TO DISCLOSE A COLONEL TSCHOISS OR A CONTRACT ENTERED INTO FOR THE WORK ALLEGED TO HAVE BEEN PERFORMED.

YOU NOW REQUEST RECONSIDERATION OF YOUR CLAIM AND OFFER AS EVIDENCE A NOTARIZED COPY OF A LETTER DATED NOVEMBER 22, 1953, RELATING TO THE RELEASE OF A BOND OWED TO YOU. THE LETTER IS AS FOLLOWS:

"USFA-GENERAL. SPECIAL PROJECT ENGINEER SECTION. SALZBURG, AUSTRIA, TO FRANZ RATZINGER, BUILDER, SALZBURG, RUPERTIWINKELSTR.

"ACCOUNT 1219 NOV. 22, 1953 TRUSCOTT

"YOU ARE HEREWITH INFORMED THAT THE BOND OF 4,800 AUSTRIAN SCHILLINGS, OWED TO YOU FROM THE TOTAL CONTRACT OF 96,000 AUSTRIAN SCHILLINGS FOR THE REMODELING OF THE MESSHALL OF CAMP TRUSCOTT WILL BE RELEASED FOR PAYMENT AFTER THE EXPIRATION OF THE SIX MONTH'S GUARANTEE PERIOD, THAT IS ON APRIL 28, 1954.

"YOU WILL BE NOTIFIED IN GOOD TIME OF THE LAST INSPECTION (SPECIFICATION), WHICH HAS NOT YET TAKEN PLACE.

"AUTHENTICATED BY A NOTARY PUBLIC SIGNED: COLONEL TSCHOISS

IN WIENER NEUSTADT ON 12/14/62 RESIDENT CHIEF ENGINEER"

IN VIEW OF THE FACT THAT THE DEPARTMENT OF THE ARMY RECORDS FAILS TO DISCLOSE THE EXISTENCE OF A COLONEL TSCHOISS AND OF A CONTRACT COVERING THE WORK ALLEGED TO HAVE BEEN PERFORMED BY YOU AT CAMP TRUSCOTT, THE LETTER NOW SUBMITTED BY YOU AS EVIDENCE OF THE POSTING OF A BOND WITH COLONEL TSCHOISS, MAY NOT BE ACCEPTED BY OUR OFFICE AS ESTABLISHING A PROPER BASIS FOR HOLDING THE UNITED STATES LEGALLY LIABLE FOR THE BONDIN QUESTION. IT IS SUGGESTED THAT, IF YOU HAVE IN YOUR POSSESSION A COPY OF THE CONTRACT OR THE ORIGINAL OF THE LETTER FROM COLONEL TSCHOISS OR A COPY OF THE VOUCHER COVERING PAYMENT TO YOU FOR THE WORK PERFORMED, SUCH DOCUMENTS OR PHOTOSTATS THEREOF BE SUBMITTED TO OUR OFFICE FOR FURTHER CONSIDERATION.

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