B-128670, OCT. 18, 1960

B-128670: Oct 18, 1960

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INC.: REFERENCE IS MADE TO LETTERS DATED SEPTEMBER 19 AND OCTOBER 4. YOUR ATTORNEY STATES THAT HE HAD CONSIDERABLE EVIDENCE THAT THE MAGNETRONS WERE NEVER USED AND CAME IN FACTORY CONTAINERS. THE DEPARTMENT OF THE ARMY HAS REPORTED TO OUR OFFICE THAT THE MAGNETRONS WERE SOLD BY THE GOVERNMENT AS UNSERVICEABLE MATERIAL. THAT IS THE SITUATION HERE. AS WAS REQUESTED IN THE ABOVE MENTIONED LETTERS.

B-128670, OCT. 18, 1960

TO SAYERS ELECTRIC EQUIPMENT, INC.:

REFERENCE IS MADE TO LETTERS DATED SEPTEMBER 19 AND OCTOBER 4, 1960, FROM YOUR ATTORNEY, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 16, 1960, WHICH ALLOWED $1,850 OF YOUR CLAIM FOR $14,050, ALLEGED TO BE DUE FOR 42 MAGNETRONS TAKEN FROM YOU BY THE DEPARTMENT OF THE ARMY.

YOUR ATTORNEY STATES THAT HE HAD CONSIDERABLE EVIDENCE THAT THE MAGNETRONS WERE NEVER USED AND CAME IN FACTORY CONTAINERS. THE DEPARTMENT OF THE ARMY HAS REPORTED TO OUR OFFICE THAT THE MAGNETRONS WERE SOLD BY THE GOVERNMENT AS UNSERVICEABLE MATERIAL. REGARDLESS OF THE LABELING OR THE CONDITION OF THE MAGNETRONS, THIS WOULD NOT IN OUR OPINION BE SUFFICIENT TO OVERCOME THE PRINCIPLE STATED IN TURNEY V. UNITED STATES, 126 CT.CL. 202, 216, WHEREIN THE COURT SAID THAT IF THE GOVERNMENT RECOVERS PROPERTY IT HAS SOLD, MERELY FOR THE PURPOSE OF GETTING IT BACK UNDER ITS CONTROL IN ORDER TO PREVENT IT FROM FALLING INTO UNAUTHORIZED HANDS, AND HAS NOT RECEIVED FINANCIAL BENEFIT FROM THE TAKING, RECOVERY FAIRLY MAY BE LIMITED TO THE LOSS TO THE OWNER. THAT IS THE SITUATION HERE.

THEREFORE, IT DOES NOT APPEAR THAT ANY FURTHER DISCUSSION OF THE MATTER WITH OUR OFFICE, AS WAS REQUESTED IN THE ABOVE MENTIONED LETTERS, WOULD SERVE ANY USEFUL PURPOSE.

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