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B-200038 1 (1981-08-31)

handle is hein.gao/gaobabkea0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFICE OF GENERAL COUNSL

           B-200038                              August 31, 1981





           Albert L. Lefkowitz, Esq.
           Attorney & Counselor at Law
           90-30 Metropolitan Avenue
           Rego Park, New York 11374

           Dear Mr. Lefkowitz:

                By your letter of April 20, 1981, you allege
           that the General Services Administration (GSA) through
           the Army Claims Service (Army) is withholding
           approximately $14,000 due Ship-Rite Transporters, Inc.
           (Ship-Rite), for overcharges owing by Empire Household
           Shipping Company of New York, Inc. (Empire).  You
           request review of the actioniof GSA under the provi-
           sions of 31 U.S.C. § 244(b) (Supp. III, 1979) and
           4 C.F.R. § 53 (1981).

                GSA reports it is not aware of any funds due
           Ship-Rite or being withheld on behalf of GSA. Sec-
           tion 322 of the Transportation Act of 1940, 54 Stat.
           955, as amended, 31 U.S.C. S 244 (Supp. III, 1979),
           and our implementing regulations, 4 C.F.R. § 53
           (1981), provide for review by the Comptroller General
           of action on a carrier's claim by the GSA. In the
           present instance there has been no action by GSA which
           would form the basis of a claim. Consequently, your
           claim is not a proper subject of review under these
           provisions.

                We understand that Army recovered by set-off
           from Ship-Rite for loss or damage in transit on the
           lines of Empire.  These claims have been referred to
           the Department of Justice and have been or will be
           included in United States v. Empire Household Shipping
           Company, et al., in the United States District Court
           for the Eastern District of New York; Civil Action
           CV-80-2014. Ship-Rite has been made a party-defendant
           in this proceeding.








                                   60//c25s

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