B-148595, AUG. 12, 1963
Highlights
INTERSTATE COMMERCE COMMISSION: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29. CASTIELLO AND BERLOW UNDER THE PROVISIONS OF SECTION 256A OF TITLE 41 OF THE UNITED STATES CODE FOR THE REMISSION OF LIQUIDATED DAMAGES WHICH WERE ASSESSED BY THE INTERSTATE COMMERCE COMMISSION AGAINST THE COLUMBIA REPORTING COMPANY IN THE AMOUNT OF $7. THERE IS SET FORTH IN YOUR LETTER DATED MARCH 29. WE HAVE REVIEWED OUR FILE WITH RESPECT TO THE LIQUIDATED DAMAGE ASSESSMENTS AND AGREE WITH YOUR RECOMMENDATION THAT $5. THE REPORTING FIRMS SHOULD FIRST SATISFY THOSE PORTIONS OF THE INDEBTEDNESSES WHICH WILL STILL REMAIN OUTSTANDING. IT IS REQUESTED THAT YOUR COMMISSION COMMUNICATE WITH OFFICIALS OF THE REPORTING FIRMS.
B-148595, AUG. 12, 1963
TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION:
REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29, 1963, IN FURTHER REGARD TO A RECENT APPLICATION MADE BY THE LAW FIRM OF HANNAN, CASTIELLO AND BERLOW UNDER THE PROVISIONS OF SECTION 256A OF TITLE 41 OF THE UNITED STATES CODE FOR THE REMISSION OF LIQUIDATED DAMAGES WHICH WERE ASSESSED BY THE INTERSTATE COMMERCE COMMISSION AGAINST THE COLUMBIA REPORTING COMPANY IN THE AMOUNT OF $7,140 AND AGAINST THE CSA REPORTING CORPORATION IN THE AMOUNT OF $10,190 UNDER CONTRACTS NOS. IC 2687 AND IC-2690, RESPECTIVELY, BY REASON OF THE CONTRACTORS' FAILURE TO MAKE DELIVERY OF COPIES OF TRANSCRIPTS WITHIN THE SPECIFIED TIME LIMITS.
THERE IS SET FORTH IN YOUR LETTER DATED MARCH 29, 1963, ADDITIONAL DETAILED JUSTIFICATION AS REQUESTED IN OUR LETTER OF FEBRUARY 5, 1963, IN SUPPORT OF YOUR PREVIOUS RECOMMENDATION DATED DECEMBER 20, 1962, TO REMIT $5,020 OF THE $17,330 ASSESSED AGAINST THE REPORTING FIRMS UNDER THE SUBJECT CONTRACTS.
WE HAVE REVIEWED OUR FILE WITH RESPECT TO THE LIQUIDATED DAMAGE ASSESSMENTS AND AGREE WITH YOUR RECOMMENDATION THAT $5,020--- $2,012 AGAINST THE COLUMBIA REPORTING COMPANY AND $3,008 AGAINST THE CSA REPORTING CORPORATION--- OF THE LIQUIDATED DAMAGES ASSESSED MAY BE REMITTED. HOWEVER, WE FEEL THAT BEFORE WE PROPERLY MAY TAKE FORMAL ACTION IN THE MATTER, THE REPORTING FIRMS SHOULD FIRST SATISFY THOSE PORTIONS OF THE INDEBTEDNESSES WHICH WILL STILL REMAIN OUTSTANDING. ACCORDINGLY, IT IS REQUESTED THAT YOUR COMMISSION COMMUNICATE WITH OFFICIALS OF THE REPORTING FIRMS, OR THEIR ATTORNEYS, AND INFORM THEM THAT IT WILL BE NECESSARY FOR THE COLUMBIA REPORTING COMPANY AND THE CSA REPORTING CORPORATION TO REMIT TO YOUR COMMISSION $5,128 AND $7,182, RESPECTIVELY, WHICH WILL REPRESENT THE UNREMITTED LIQUIDATED DAMAGES STILL REMAINING DUE THE GOVERNMENT ON THE INDEBTEDNESS.
UPON RECEIPT OF ADVICE FROM YOUR COMMISSION TO THE EFFECT THAT THE TOTAL AMOUNT OF $12,310 HAS BEEN COLLECTED FROM THE REPORTING FIRMS, OUR OFFICE WILL TAKE FORMAL ACTION IN REGARD TO THE REMISSION OF THE LIQUIDATED DAMAGES ASSESSED AGAINST THE COLUMBIA REPORTING COMPANY AND THE CSA REPORTING CORPORATION AND YOU WILL BE SO ADVISED.