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TO OTIS ELEVATOR COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 7.

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B-141000, JAN. 21, 1960

TO OTIS ELEVATOR COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 7, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 14, 1959, WHICH DISALLOWED $55,000 OF YOUR CLAIM FOR $66,943.59, COVERING ALLEGED EXCESS COSTS INCURRED UNDER COST-PLUS-A-FIXED-FEE CONTRACT NO. DA-44-177-TC-326, DATED JULY 29, 1955.

OUR OFFICE CONSIDERED YOUR CLAIM AND ISSUED A CERTIFICATE OF SETTLEMENT DATED JANUARY 13, 1959, IN THE AMOUNT OF $11,943.59, IN "FULL AND FINAL SETTLEMENT OF CONTRACTOR'S CLAIM.' YOU CASHED THE CHECK ISSUED PURSUANT TO THAT SETTLEMENT. WE BELIEVE THAT THE ACCEPTANCE OF THE CHECK UNDER SUCH CIRCUMSTANCES CONSTITUTED FULL ACCORD AND SATISFACTION OF YOUR CLAIM, AND THEREFORE PRECLUDES OUR FURTHER CONSIDERATION THEREOF. SEE POOLE ENGINEERING CO. V. UNITED STATES, 57 C.CLS. 232. ..END :

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