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TO SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15. YOU ORIGINALLY CLAIMED AND WERE PAID PURSUANT TO YOUR BILL NO. IT WAS CONSIDERED THAT AN OVERCHARGE OF $92.28 HAD BEEN MADE AND YOU WERE REQUESTED TO REMIT SUCH AMOUNT BY OUR NOTICE OF OVERCHARGE (FORM 1003) DATED JUNE 11. SUCH AMOUNT WAS REFUNDED BY YOUR CHECK 59897 DATED AUGUST 9. THAT AMOUNT WAS DEPOSITED INTO THE TREASURY ON AUGUST 17. YOU CLAIMED $28.93 ADDITIONAL CHARGES AND THIS CLAIM WAS DISALLOWED BY THE SETTLEMENT CERTIFICATE OF OCTOBER 17. IT IS OBVIOUS IN THE LIGHT OF THE ACT OF AUGUST 26. WE CANNOT REGARD AS TIMELY THE SUBJECT REQUEST WHICH WAS RECEIVED HERE MORE THAN THREE YEARS AFTER THE SETTLEMENT WAS ISSUED.

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B-157883, DEC. 30, 1965

TO SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1965, FILE YM-S-85 D-S- 16629-M, RECEIVED HERE OCTOBER 19, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE OF OCTOBER 17, 1962, WHICH DISALLOWED YOUR CLAIM (OUR TK-735134) FOR $28.93 ADDITIONAL TRANSPORTATION CHARGES ON SUPPLEMENTAL BILL NO. DS-16629-M.

FOR THE TRANSPORTATION SERVICE RENDERED THE DEPARTMENT OF THE ARMY, UNDER GOVERNMENT BILL OF LADING WZ-T-378144 DATED APRIL 7, 1961, YOU ORIGINALLY CLAIMED AND WERE PAID PURSUANT TO YOUR BILL NO. FS-16629 DATED MAY 19, 1961, THE AMOUNT OF $367.91 AS EVIDENCED BY VOUCHER 341852 DATED JUNE 8, 1961, IN THE ACCOUNT OF LIEUTENANT COLONEL A. G. PERRY, ARMY DISBURSING OFFICER. IN OUR AUDIT OF SUCH PAYMENT, IT WAS CONSIDERED THAT AN OVERCHARGE OF $92.28 HAD BEEN MADE AND YOU WERE REQUESTED TO REMIT SUCH AMOUNT BY OUR NOTICE OF OVERCHARGE (FORM 1003) DATED JUNE 11, 1962. SUCH AMOUNT WAS REFUNDED BY YOUR CHECK 59897 DATED AUGUST 9, 1962, RECEIVED HERE AUGUST 13, 1962, AND THAT AMOUNT WAS DEPOSITED INTO THE TREASURY ON AUGUST 17, 1962. BY YOUR SUPPLEMENTAL BILL NO. DS-16629-M OF MARCH 9, 1962, YOU CLAIMED $28.93 ADDITIONAL CHARGES AND THIS CLAIM WAS DISALLOWED BY THE SETTLEMENT CERTIFICATE OF OCTOBER 17, 1962. YOU NOW RENEW YOUR CLAIM FOR THE AMOUNT DISALLOWED.

THE REGULATIONS OF THIS OFFICE PROVIDE FOR REVIEW, IN THE DISCRETION OF THE COMPTROLLER GENERAL, OF A CLAIM SETTLED HERE, UPON APPLICATION OF THE CLAIMANT OR HIS DULY AUTHORIZED ATTORNEY OR AGENT. WHILE SUCH REGULATIONS DO NOT PLACE A SPECIFIC TIME LIMIT UPON REQUESTS FOR REVIEW, IT IS OBVIOUS IN THE LIGHT OF THE ACT OF AUGUST 26, 1958, 72 STAT. 860, 49 U.S.C.A. 66, GENERALLY BARRING TRANSPORTATION CLAIMS AGAINST THE GOVERNMENT MORE THAN THREE YEARS OLD, THAT AN INDEFINITE TIME MAY NOT BE ALLOWED, AND THAT A REQUEST FOR REVIEW SHOULD BE RECEIVED WITHIN A REASONABLE TIME FROM THE DATE OF SETTLEMENT. WITHOUT ATTEMPTING A STRICT DEFINITION OF WHAT WOULD CONSTITUTE A REASONABLE TIME IN ALL CASES, WE CANNOT REGARD AS TIMELY THE SUBJECT REQUEST WHICH WAS RECEIVED HERE MORE THAN THREE YEARS AFTER THE SETTLEMENT WAS ISSUED. CONSIDERING YOUR LETTER, THEREFORE, AS A REQUEST FOR REVIEW OF THE SUBJECT SETTLEMENT, REVIEW IS DENIED BECAUSE THE REQUEST WAS NOT TIMELY FILED.

VIEWING YOUR LETTER AS A NEW CLAIM IN CONNECTION WITH THE TRANSPORTATION SERVICES IN QUESTION, WE ARE UNABLE TO CONSIDER IT ON THE MERITS BECAUSE OF THE EXPIRATION OF THE STATUTORY TIME PERIOD GOVERNING THE JURISDICTION OF THIS OFFICE. AT PRESENT, AS WELL AS AT THE TIME THE SERVICES IN QUESTION WERE PERFORMED, THE SETTLEMENT FUNCTIONS OF THIS OFFICE CONCERNING CLAIMS FOR TRANSPORTATION SERVICES ARE AND WERE GOVERNED BY THE ACT OF AUGUST 26, 1958, 72 STAT. 860 (49 U.S.C.A. 66). THAT ACT FOREVER BARS EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE FOR TRANSPORTATION CHARGES WITHIN THE PURVIEW OF SUCH SECTION UNLESS SUCH CLAIM IS RECEIVED IN OUR OFFICE WITHIN THREE FULL YEARS FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON, OR (2) PAYMENT OF CHARGES FOR THE TRANSPORTATION INVOLVED OR (3) SUBSEQUENT REFUND FOR OVERPAYMENT OF SUCH CHARGES, OR (4) DEDUCTION OF THE OVERCHARGE FROM AMOUNTS SUBSEQUENTLY FOUND DUE THE CARRIER, WHICHEVER IS LATER. THE TRANSPORTATION WAS COMPLETED, PAYMENT WAS MADE AND REFUND EFFECTED, MORE THAN THREE YEARS BEFORE RECEIPT OF YOUR LETTER OF OCTOBER 15, 1965. FOLLOWS, THEREFORE, THAT IF YOUR LETTER IS VIEWED AS A NEW CLAIM, IT IS BARRED UNDER THE CITED STATUTE, AND WE ARE PRECLUDED FROM MAKING ANY FURTHER ALLOWANCE THEREON.

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