B-117714, JAN. 6, 1961
Highlights
TO CENTRAL OF GEORGIA RAILWAY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 16. YOU CONTEND THAT THE INVOLVED ITEMS WERE WITHDRAWN FROM SUIT PRIOR TO THE ENTRY OF A JUDGMENT IN PLAINTIFF'S FAVOR FOR $739.32 ON JANUARY 15. THEIR RECORDS VERIFY OUR UNDERSTANDING THAT THERE WAS NO AGREEMENT FOR WITHDRAWAL OF THE ITEMS HERE IN DISPUTE. WE FIND NOTHING IN THE PERTINENT GOVERNMENT FILES WHICH SUBSTANTIATES YOUR POSITION THAT THE DISPUTED ITEMS WERE REMOVED FROM THE ABOVE SUIT FOR SETTLEMENT BY OUR OFFICE. IN THESE CIRCUMSTANCES WE HAVE NO ALTERNATIVE BUT TO REAFFIRM OUR PREVIOUS DECISIONS SUSTAINING THE DISALLOWANCES OF YOUR CLAIMS IN THIS MATTER.
B-117714, JAN. 6, 1961
TO CENTRAL OF GEORGIA RAILWAY COMPANY:
FURTHER REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 16, 1960, FILE NOS. N -31237-G-A AND N-46134-G-A, REQUESTING FURTHER CONSIDERATION OF OUR DECISIONS SUSTAINING THE DISALLOWANCE OF CERTAIN CLAIMS ORIGINALLY LISTED IN THE COMPLAINT AND SCHEDULES FILED IN CENTRAL OF GEORGIA RAILWAY COMPANY V. UNITED STATES, COURT OF CLAIMS NO. 620-53. YOU CONTEND THAT THE INVOLVED ITEMS WERE WITHDRAWN FROM SUIT PRIOR TO THE ENTRY OF A JUDGMENT IN PLAINTIFF'S FAVOR FOR $739.32 ON JANUARY 15, 1958, BASED UPON AN AGREEMENT BY THE PARTIES COVERING ALL THE CLAIMS ASSERTED IN PLAINTIFF'S PETITION AND ACCOMPANYING SCHEDULES.
WE REQUESTED THE DEPARTMENT OF JUSTICE TO CHECK THEIR RECORDS RELATIVE TO THE CONFERENCES HELD IN WASHINGTON, D.C., ON DECEMBER 10 AND 11, 1957, ON THE ABOVE AND OTHER SUITS, WHICH RESULTED IN AN AGREEMENT AS TO THE JUDGMENT AWARD TO BE ENTERED IN THIS CASE. THEIR RECORDS VERIFY OUR UNDERSTANDING THAT THERE WAS NO AGREEMENT FOR WITHDRAWAL OF THE ITEMS HERE IN DISPUTE, THAT THE PLAINTIFF DID NOT WITHDRAW THE SAID ITEMS FROM THE SUIT FOR PRESENTATION HERE, AND THAT THE PLAINTIFF ACCEPTED THE AMOUNT OF $739.32 "IN COMPLETE SETTLEMENT OF ALL ISSUES" IN THE CASE. THUS, WE FIND NOTHING IN THE PERTINENT GOVERNMENT FILES WHICH SUBSTANTIATES YOUR POSITION THAT THE DISPUTED ITEMS WERE REMOVED FROM THE ABOVE SUIT FOR SETTLEMENT BY OUR OFFICE.
IN THESE CIRCUMSTANCES WE HAVE NO ALTERNATIVE BUT TO REAFFIRM OUR PREVIOUS DECISIONS SUSTAINING THE DISALLOWANCES OF YOUR CLAIMS IN THIS MATTER, AND GIVE EFFECT TO THE JUDGMENT OF THE COURT.