B-141821, MAY 29, 1962

B-141821, MAY 29, 1962

TO DESPARD AND CO., INC.:

WE HAVE RECEIVED YOUR LETTERS DATED APRIL 3 AND MAY 17, 1962, YOUR REFERENCE NO. 1-W-28 S.S. EMPIRE STATE, REQUESTING SETTLEMENT OF YOUR CLAIM FOR GENERAL AVERAGE CONTRIBUTION FROM THE UNITED STATES IN THE AMOUNT OF $885.75 TOWARD ADDITIONAL PRELIMINARY LEGAL EXPENSES INCURRED BY THE STATES MARINE CORPORATION IN ATTEMPTING UNSUCCESSFULLY TO OBTAIN RECOVERY FROM THE TURKISH PILOTAGE AUTHORITY FOR DAMAGE RESULTING FROM THE STRANDING OF THE S.S. EMPIRE STATE IN THE GULF OF IZMIT, TURKEY, ON JANUARY 14, 1950, SUCH STRANDING ALLEGEDLY BEING DUE TO THE NEGLIGENCE OF THE PILOT.

YOUR CLAIM IN THIS MATTER WAS CONSIDERED IN DETAIL AND DISALLOWED BY OUR DECISION OF AUGUST 1, 1960, B-141821, PUBLISHED AT 40 COMP. GEN. 61. COPY OF THAT DECISION IS ENCLOSED FOR YOUR CONVENIENCE. NO NEW OR ADDITIONAL FACTS OR LEGAL PRINCIPLES HAVE BEEN PRESENTED IN CORRESPONDENCE RECEIVED FROM YOU SUBSEQUENT TO THE RENDERING OF OUR DECISION, EXCEPT THAT THE SUIT IN TURKEY IS STILL PENDING AND HAS NOT BEEN "PURSUED TO AN UNSUCCESSFUL CONCLUSION" AS WE UNDERSTOOD AT THE TIME OF OUR DECISION. THIS FACT, HOWEVER, HAD NO MATERIAL BEARING ON OUR CONCLUSION, AS YOU WILL NOTE FROM A PERUSAL OF THE ENCLOSED COPY OF OUR DECISION.

HENCE, WE HAVE NO ALTERNATIVE AT THIS TIME BUT TO SUSTAIN OUR PREVIOUS DISALLOWANCE OF YOUR CLAIM.