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B-146147, JUN. 24, 1963

B-146147 Jun 24, 1963
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CLAYTON MCDONNELL: REFERENCE IS MADE TO YOUR LETTER OF APRIL 18. RELATIVE TO YOUR CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN SUSTAINED INCIDENT TO THE TERMINATION OF LEASE NO. WERE NOT PUBLISHED IN THE FEDERAL REGISTER UNTIL FEBRUARY 6. AFTER OUR LEASE WAS EXECUTED ON JANUARY 2. YOU WERE ADVISED THAT WAR ASSETSADMINISTRATION'S REGULATION NO. 1. WAS FURTHER AMENDED EFFECTIVE NOVEMBER 30. YOU WERE FURTHER ADVISED THAT SINCE SECTION 8310.15 (B) WAS PUBLISHED ON PAGES 13969 AND 13970 OF THE FEDERAL REGISTER FOR NOVEMBER 30. IT WAS IN EFFECT ON THE DATE LEASE NO. W-20-064-ENG -1934 WAS EXECUTED. IS THAT PART 8301 OF REGULATION NO. 1. WAS FURTHER REVISED AND AMENDED. WAS MADE IN SECTION 8301.15 (B) AS PUBLISHED IN THE FEDERAL REGISTER FOR NOVEMBER 31.

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B-146147, JUN. 24, 1963

TO MR. CLAYTON MCDONNELL:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1963, WITH ENCLOSURES, RELATIVE TO YOUR CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN SUSTAINED INCIDENT TO THE TERMINATION OF LEASE NO. W-20-064-ENG-1934, ENTERED INTO ON JANUARY 2, 1947, BETWEEN THE UNITED STATES AND HERBERT L. MCDONNELL.

YOU REFER TO THE FIRST PAGE OF DOCUMENT NO. 29 (LETTER DATED OCTOBER 26, 1961, TO YOU, FROM THE NATIONAL ARCHIVES AND RECORDS SERVICES, GENERAL SERVICES ADMINISTRATION) AND INVITE ATTENTION TO THE FACT THAT ON THE BASIS OF THE INFORMATION CONTAINED THEREIN "ALL AMENDMENTS TO WAA REGULATION NO. 1, OF JULY, 1946, UP TO 31 DEC. 1946, WERE NOT PUBLISHED IN THE FEDERAL REGISTER UNTIL FEBRUARY 6, 1947, AFTER OUR LEASE WAS EXECUTED ON JANUARY 2, 1947.' THEREFORE, YOU STATE THAT YOU AND THE ORIGINAL LESSEE HAD NO KNOWLEDGE OF THESE AMENDMENTS.

IN OUR DECISION OF JULY 25, 1961, YOU WERE ADVISED THAT WAR ASSETSADMINISTRATION'S REGULATION NO. 1, PART 8301, OF JULY 1946, ENTITLED "DESIGNATION OF DISPOSAL AGENCIES AND PROCEDURES FOR REPORTING SURPLUS PROPERTY LOCATED WITHIN THE CONTINENTAL UNITED STATES, ITS TERRITORIES AND POSSESSIONS," AS AMENDED, WAS FURTHER AMENDED EFFECTIVE NOVEMBER 30, 1946, BY THE ADDITION OF SECTION 8301.15 (B), WHICH PROVIDED FOR REQUESTS BY THE OWNING AGENCY--- IN THIS INSTANCE THE WAR DEPARTMENT, NOW DEPARTMENT OF THE ARMY--- FOR WITHDRAWAL OF A DECLARATION OF SURPLUS REAL PROPERTY TO BE SUBMITTED TO THE ADMINISTRATOR WITH COMPLETE JUSTIFICATION FOR THE REQUESTED WITHDRAWAL AND THAT SUCH AMENDMENT FURTHER PROVIDED THAT THE ADMINISTRATOR, AFTER CONSIDERATION OF SUCH REQUESTS AND ANY ADDITIONAL EVIDENCE WHICH HE DEEMED APPROPRIATE, WOULD NOTIFY THE OWNING AGENCY AND THE APPROPRIATE DISPOSAL AGENCY, IF THE DECLARATION HAD BEEN TRANSMITTED THERETO, OF HIS DECISION. YOU WERE FURTHER ADVISED THAT SINCE SECTION 8310.15 (B) WAS PUBLISHED ON PAGES 13969 AND 13970 OF THE FEDERAL REGISTER FOR NOVEMBER 30, 1946, IT WAS IN EFFECT ON THE DATE LEASE NO. W-20-064-ENG -1934 WAS EXECUTED, SUCH PUBLICATION CONSTITUTING LEGAL NOTICE OF THE CONTENTS THEREOF. FEDERAL CROP INSURANCE CORP. V. MERRILL, 332 U.S. 380, 384-385. THE BASIS FOR THE STATEMENT IN THE LETTER OF OCTOBER 26, 1961, TO YOU, FROM THE NATIONAL ARCHIVES RECORDS SERVICE, IS THAT PART 8301 OF REGULATION NO. 1, AS AMENDED TO DECEMBER 31, 1946, WAS FURTHER REVISED AND AMENDED, EFFECTIVE AS OF FEBRUARY 23, 1947, BY REVISION DATED JANUARY 29, 1947, AND PUBLISHED ON PAGE 863 OF THE FEDERAL REGISTER FOR FEBRUARY 6, 1947. NO CHANGE, HOWEVER, WAS MADE IN SECTION 8301.15 (B) AS PUBLISHED IN THE FEDERAL REGISTER FOR NOVEMBER 31, 1946, AND SINCE SUCH PUBLICATION CONSTITUTED LEGAL NOTICE OF THE CONTENTS OF SECTION 8301.15 (B) AND SINCE THIS SECTION WAS IN EFFECT ON THE DATE THE LEASE WAS EXECUTED, THE LEGALITY OF THE WITHDRAWAL OF THE LEASEHOLD FROM SURPLUS MAY NOT BE QUESTIONED. WHILE THE FULL TEXT OF PART 8301 WITH ALL AMENDMENTS WAS NOT PUBLISHED UNTIL FEBRUARY, 1947, THE ORIGINAL REGULATION AND EACH INDIVIDUAL AMENDMENT WAS PUBLISHED AT THE TIME OF ITS ADOPTION.

A REVIEW OF THE CONTENTS OF THE OTHER DOCUMENTS TRANSMITTED WITH YOUR LETTER, AND WHICH ARE RETURNED AS REQUESTED, REQUIRES NO CHANGE OR MODIFICATION OF THE ACTION HERETOFORE TAKEN ON YOUR CLAIM.

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