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B-198529 1 (1981-09-24)

handle is hein.gao/gaobadjtc0001 and id is 1 raw text is: V_ 0,L_ 7. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTO .0.C. 20548 UN~ITE FILE: B-198529 DATE: September 24, 1981 MATTER OF: Paul Arpin Van Lines, Inc. DIGEST: Request for reconsideration of prior decision affirming settlement of claim is denied where new evidence claimant offers was considered in reaching prior decision. Paul Arpin Van Lines, Inc. (Arpin) requests recon- sideration of our decision of June 9, 1981 in which we affirmed a settlement by our Claims group. The settle- ment had disallowed Arpin's claim for $46.63 collected with respect to damage to a television set shipped under GBL M-1867834. Noting that the television repair order contains a notation, picture wavy, Arpin had contended that the set was originally found to have had a wavy picture, indicating that the damage complained of could not have occurred during shipment. The repair order also contained the further notation damper tube was busted and out of socket - could have been done by moving. On reconsideration, Arpin has submitted copies of certain documents which it believes we did not have be- fore us when our original decision was rendered. Arpin's belief in this regard, however, is incorrect. The docu- ments were in our file, and indeed, were those we relied on in reaching our original decision. These included, in addition to the repair order: (1) the owner's state- ment that his original complaint had been that the set produced sound but no picture, and (2) his explanation that after the picture was restored by replacing a 6LB6 damper tube, it was found to be wavy, necessitating additional repairs. In our prior decision, we concluded that Arpin's position was not supported by the evidence it cited since, if the owner's statement (which Arpin furnished) is correct, Arpin's interpretation of the repair crder must be wrong and Arpin failed to meet its burden of proof. . . . . . .. . . .

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