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B-173168 1 (1978-02-13)

handle is hein.gao/gaobadtcw0001 and id is 1 raw text is: .R 423 , ,COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 3-17 3160 FEB 13 1978 The honorable Alan Cranston United States Senate Deer Senator CranstOn: This is the report you requested in your letter of November 9, 1977, concerning the non-payment to Dean Van Lines (now Pan American Van Lines, Inc.) for 12 Government blUs of lading that were included in Dean Van Liuea , lj . v.y / Iaiad States, Court of Claims Nos. 506-71 and 507-71. There ia no diSagreement about what happened. In 1970 Dean Van Lines, Inc. (Dean), filed a claim for payment on 12 Government bills of lading (GELs) with the Finance Center, Transportation Division, U.S. Army. The claim was referred to this Office. In June 1971 Dean (Pan American) filed two suits in the Court of Claims (Nos. 506-71 and 507-71) which included these 12 GMts. In October of 1971 our Office declined further action on the clam since it was the subject of leal proceedings. In 1975 the Court of Claivs rendered judgment in the suits conta~nia the 12 GMts, awarding Dean $20 for each GM, and aoon thereafter Pan American renewed bean's original claim an4 added another GBL that wa also included in one of the suits tiled in the Court of Claims. Our Office declined Pan AzericAu's claim on the basin of the doctrine of res judlcata. It appears that Pan American',a sense of uufair treatment derives from its misinformation or lack of iuformstion about the legal effect of taking Dean's original claim out of the administrative 6ettleeut process with the Finance Center and our Office sd comitting it to the judicial system for settlemant. We realize of course that Pan American believes that there were two ixdependent claizs associated with the same OMeL--one claim involvnSg non-payment of the GLs. which was being puraued with our Office, and another alaim involving altogether different selected disallowed charges, which was being pursued simultaneously through the Court of Claims. Howaver, our Office's letter of October 1971, partially uuoted in our decision upon reconsideration, October 6, 1977, clearly states that the claifa for non-payment of the MBIs which was referred to our Office for settlement was in the jurisdiction of the Court of Claims after suit had been filed on those GULs and that any amowuts due Dean would be. finally deterained by the court. ,hM. Dean was on notice that the two claims sasociated with the sa-e Mes were within the jurisdiction of the court for disposition. sea

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