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B-189696 1 (1978-01-06)

handle is hein.gao/gaobadfnp0001 and id is 1 raw text is: 


                                                                   WAS.

                                         THE  COMPTROLLER SIMERAL
            DECISIDN                     OF   THE    UNITED      STATES
                                          WASHINGT ON, K,,C. 20G        40



            FILE: B-189696                     DATE:     JAN  6 1978

            MATTER   OF:
 -                        B Suddath Van Lines, le.

           OiGEST:

S41 1.          The meaeure of dangen  when the loss on an item is not total
                ir ordinarily the reasonable coat of repairs necessary to put
                t ie item in as Lood a conditio as it wan before damage
                facurred.  See cases cited.

            2.  In determing   the coat of repairs, the bent evidence in E
                paid bill of repair, or an entinate of repair coat, submitted
                by u reputable repairman or dealer, Sea Army Regulation AR
                27-20, ch. 11-15 (September 1976); 32 C.F.R. 536.7 (1976).

                Suddath Van LineR, Inc. (Suddath), claims 1l64.55, part of an
           amnnt  whih  veae deducted by the UN, Army Finance F. Mecounting
           Center frou amounts otherwise payable to Suddath to t.alpennoute the
           Government as subrogee for damagea to a shipment of honwshold goods
           owned by a vember of the nilitary.

                Under Government bill of Lading Ho. K-2677799, dated Apnil 23,
           1975, Suddoth transported brinnehold go.A4 owned by Captain Richard S.
           Rogers  it from Fort Banning, Georgia, to Pollock, Louiinas. Tk:
           goods vare deliverad to Captain Rogers' residance o.: -ire 5, 1973,
           and exceptione wru  tatce to certain items. On June 18, 1975, noti-
           icatit   of further loss and damage was ent to Suddath clung with
           an invitation to inopoet the damage sustained. A Government claims
           emeuiner inopected the damage on July 28, 1975. Suddath chcce not
           to  We. un independont investigation.

                Iv October 175  the zombar's claiM aginut the Government A
           octtled for $748.83 and the Government therty became subrogated to
           the member's claim against Sudath.  Daso   ' ,-k 'overnment's evaluation
           and on the Y;elenaed valuation clause In the - atragt of transporta-
           tion, the sembar's c7aim against Suddath was reduced to 4260.55.
           Several demando were made on Suddth whih  finally offered to settle
           the claim for $164.55, an offer which wan rejected. When aftor an
           oxchange of 3orreepondene Suddath rujed   to pay the Govprnment'a
           claim of $260.35, it wan deducted from mWonee ctherwien due the
           carriAr.  Suddath now claims a refund of $164.55.

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