B-123079, JAN. 6, 1956
Highlights
CAMPBELL AND KEATING: REFERENCE IS MADE TO PREVIOUS CORRESPONDENCE AND PERSONAL CONFERENCES WITH REFERENCE TO THE CLAIM OF YOUR CLIENT. AS YOU HAVE BEEN ADVISED. THE RECORD DISCLOSES NO REASON WHY WE SHOULD ABANDON THE WELL-SETTLED POLICY OF THIS OFFICE TO ACCEPT THE STATEMENTS OF THE ADMINISTRATIVE OFFICE ON DISPUTED QUESTIONS OF FACT WHICH IN THIS CASE ARISE FROM THE CONFLICT OF EVIDENCE AS TO THE NUMBER OF DAYS THAT WERE "WEATHER WORKING DAYS" DURING THE PERIOD THE VESSEL WAS LOADING. YOU WERE ALSO ADVISED THAT IN VIEW OF DECISIONS BEARING UPON THE POINT. THE CONCLUSION HAD BEEN REACHED THAT YOUR CLIENT'S CLAIM SHOULD PROPERLY BE ALLOWED FOR SO MUCH OF THE DETENTION AS WAS DIRECTLY ATTRIBUTABLE TO THE CHARTERER'S FAILURE TO FURNISH SUGAR FOR LOADING AND THAT THE PERIOD OF SUCH DETENTION FOR THE REASON MENTIONED HAS BEEN COMPUTED TO BE 1 DAY.
B-123079, JAN. 6, 1956
TO MESSRS. KIRLIN, CAMPBELL AND KEATING:
REFERENCE IS MADE TO PREVIOUS CORRESPONDENCE AND PERSONAL CONFERENCES WITH REFERENCE TO THE CLAIM OF YOUR CLIENT, A. G. PAPPADAKIS, IN THE AMOUNT OF $14,831.96, FOR ALLEGED UNREASONABLE DETENTION OF THE S. S. VIRGINIA AT PALO ALTO, CUBA, WHILE UNDER CHARTER TO THE MILITARY SEA TRANSPORTATION SERVICE FOR A VOYAGE FROM CUBA TO TRIESTE WITH A CARGO OF SUGAR. AS YOU HAVE BEEN ADVISED, THE RECORD DISCLOSES NO REASON WHY WE SHOULD ABANDON THE WELL-SETTLED POLICY OF THIS OFFICE TO ACCEPT THE STATEMENTS OF THE ADMINISTRATIVE OFFICE ON DISPUTED QUESTIONS OF FACT WHICH IN THIS CASE ARISE FROM THE CONFLICT OF EVIDENCE AS TO THE NUMBER OF DAYS THAT WERE "WEATHER WORKING DAYS" DURING THE PERIOD THE VESSEL WAS LOADING.
YOU WERE ALSO ADVISED THAT IN VIEW OF DECISIONS BEARING UPON THE POINT, THE CONCLUSION HAD BEEN REACHED THAT YOUR CLIENT'S CLAIM SHOULD PROPERLY BE ALLOWED FOR SO MUCH OF THE DETENTION AS WAS DIRECTLY ATTRIBUTABLE TO THE CHARTERER'S FAILURE TO FURNISH SUGAR FOR LOADING AND THAT THE PERIOD OF SUCH DETENTION FOR THE REASON MENTIONED HAS BEEN COMPUTED TO BE 1 DAY, 19 HOURS AND 36 MINUTES. SEE HAGERMAN V. NORTON, 105 FED. 996 (C.C.A. 5TH); HELLENIC TRANSPORT S.S. CO. V. ARCHIBALD MCNEIL AND SONS CO., INC., 273 FED. 290; BERWIND-WHITE COAL MINING CO. V. SOLLERVELD, VAN DER MEER, ETC., 11 F./2) 80 (C.C.A. 4TH) AND UNITED STATES V. ATLANTIC REFINING CO., 112 F.SUPP. 76.
IT IS NOW UNDERSTOOD FROM YOUR LETTER OF DECEMBER 12, 1955, THAT YOUR CLIENT IS WILLING TO ACCEPT THE SUM OF $3,695.20, REPRESENTING THE DETENTION OF THE VESSEL FOR 1 DAY, 19 HOURS AND 36 MINUTES IN FULL SETTLEMENT OF HIS CLAIM AND THAT UPON RECEIPT OF THIS AMOUNT WILL DISMISS HIS PENDING SUIT IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOR THE FULL AMOUNT OF THE CLAIM.
ACCORDINGLY, THE CLAIMS DIVISION OF THIS OFFICE HAS BEEN INSTRUCTED TO ALLOW YOUR CLIENT'S CLAIM IN THE AMOUNT OF $3,695.20.