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B-202723 1 (1981-07-22)

handle is hein.gao/gaobadjop0001 and id is 1 raw text is: I DECISIO THE COM./ErOL E7 R ;AL OF THE UNiTED STATES WASHINGTON. 0. C. 20548 FILE: B-202723 DATE: July 22, 1981 MATTER OF: Proper Recipient of Award Proceeds of Poplar Grove Farms Federal, Inc. DIGEST: Proceeds of Foreign Claims Settlement Commission award to Poplar Grove Farms Federal, Inc. should be distributed to heir or heirs of U.S. Harkson, deceased sole corporate shareholder, since under China Trade Act corporation is terminated and there are no living members of its board of directors to act as trustees. Claim for attorneys fees should be settled between claimant and payees. This resoonds to a Treasury Department request under section 7(c)(2) of the International Claims Settlement Act of 1949, as amended, 22 U.S.C. § 1626(c)(2), irolemented by 31 C.F.R. § 250.4(f), for our determination of what person or persons is en- titled to proceeds of a Foreign Claims Settlement Commission award to Poplar Grove Farms Federal, Inc. Treasury's submission is based upon a claim to part of those proceeds by Mr. I. Arnold Ross, the attorney who represented Poplar Grove before the Commission. For the reasons given below .e conclude that the award proceeds should go directly to the heirs of Mr. U.S. Harkson, the deceased sole shareholder of the Corporation. Poplar Grove Farms Federal, Inc. was incorporated under the provisions of the China Trade Act,15 U.S.C. §S 141 and following, as amended. Originally, the corporation was enqaqed in the purchase and sale of milk and milk products, farm produce and livestock. Based on damage caused by Japanese military operations, the corporation received an award under the War Claims Act of 1948, 50 U.S,.C App. §V2001 and following, as amended (Claim No. W-13220). p- Subsequently, Mr. Ross presented a claim on behalf of Poplar AAA.00 LV rove before the Foreign Claims Settlement Commission under Title V of the International Claims Settlement Act of 1949, as amended, 22 U.S.C. §§ 1643-1643k. That title authorized the Commission to de- termine the validity and amount of claims of United States nationals for losses resulting, among other things, from the nationalization or expropriation of their property by or under the authority of the People's Republic of China. Based on the evidence presented, the Commission found that Poplar Grove was entitled to $22,078.50. In re Poplar Grove Farms Federal, Inc. No. CN-288A (June 17, 1970). In 1979 the People's Republic of China agreed to provide monies for payment of Commission awards to be paid over a 5-year period be- ginning in that year. The Commission certified several hundred of re r (A7J tA 6la3 /~7 ,(14

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