B-127469, MAY 28, 1956

B-127469: May 28, 1956

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TO PAM NARROW FABRICS CO.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 26. POLANSKY IN YOUR BEHALF WERE CAREFULLY WEIGHED. IT WAS DETERMINED THAT THERE WAS NO LEGAL AUTHORITY FOR ALLOWANCE. WE ARE NOT UNMINDFUL OF THE PRACTICAL CONSIDERATIONS WHICH MAY HAVE LED YOU TO SIGN THE RECEIPT WITHOUT COUNTING THE STRAPS UPON DELIVERY. ESPECIALLY WHEN THERE IS CONSIDERED THE FACT THAT YOUR CLAIM OF A SHORTAGE IN DELIVERY WAS NOT ASSERTED UNTIL SOME 60 DAYS AFTER DELIVERY AND AFTER THE STRAPS HAD PASSED FROM YOUR POSSESSION TO THAT OF YOUR BUYER. IT INVOLVES A SITUATION IN WHICH A SHORTAGE IS CLAIMED UNDER CIRCUMSTANCES IN WHICH ASCERTAINMENT OF THE TRUE FACTS HAS VIRTUALLY BEEN RENDERED IMPOSSIBLE.

B-127469, MAY 28, 1956

TO PAM NARROW FABRICS CO.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1956, WITH ENCLOSURES, IN EFFECT REQUESTING FURTHER CONSIDERATION OF OUR DECISION DATED APRIL 19, 1956, SUSTAINING THE SETTLEMENT OF MARCH 9, 1956, WHICH DISALLOWED YOUR CLAIM FOR $99.70.

IN THE CONSIDERATION OF YOUR CLAIM THE VARIOUS CONTENTIONS URGED BY YOUR MR. ARNOLD J. POLANSKY IN YOUR BEHALF WERE CAREFULLY WEIGHED; HOWEVER, FOR THE REASONS SET FORTH IN THE DECISION OF APRIL 19, 1956, IT WAS DETERMINED THAT THERE WAS NO LEGAL AUTHORITY FOR ALLOWANCE. IN ESSENCE, YOUR LETTER OF APRIL 26, 1956, MERELY RESTATES SOME OF THE CONTENTIONS EXPRESSED IN PREVIOUS CORRESPONDENCE WITH OUR OFFICE AND WITH THE ADMINISTRATIVE OFFICERS CONCERNED WITH THE MATTER. A REEXAMINATION OF THE RECORD BEFORE THIS OFFICE DISCLOSES NOTHING WHICH WOULD REQUIRE OR JUSTIFY A CONCLUSION DIFFERENT FROM THAT PREVIOUSLY REACHED.

WE ARE NOT UNMINDFUL OF THE PRACTICAL CONSIDERATIONS WHICH MAY HAVE LED YOU TO SIGN THE RECEIPT WITHOUT COUNTING THE STRAPS UPON DELIVERY. CONVERSELY, WE FEEL SURE THAT YOU CAN APPRECIATE THE POSITION OF THIS OFFICE IN THE MATTER, ESPECIALLY WHEN THERE IS CONSIDERED THE FACT THAT YOUR CLAIM OF A SHORTAGE IN DELIVERY WAS NOT ASSERTED UNTIL SOME 60 DAYS AFTER DELIVERY AND AFTER THE STRAPS HAD PASSED FROM YOUR POSSESSION TO THAT OF YOUR BUYER. THE PRESENT SITUATION DOES NOT INVOLVE THE INSISTENCE UPON A LEGAL TECHNICALITY TO DEFEAT YOUR CLAIM IN THE FACE OF A PROVEN SHORTAGE. RATHER, IT INVOLVES A SITUATION IN WHICH A SHORTAGE IS CLAIMED UNDER CIRCUMSTANCES IN WHICH ASCERTAINMENT OF THE TRUE FACTS HAS VIRTUALLY BEEN RENDERED IMPOSSIBLE--- CIRCUMSTANCES WHICH WERE UNDER YOUR CONTROL.

ON THE BASIS OF THE RECORD PRESENTED HERE, WE REGRET TO INFORM YOU THAT WE FIND NO GROUNDS UPON WHICH TO MODIFY OUR PRIOR ACTION.

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