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B-192733 1 (1978-10-18)

handle is hein.gao/gaobadttk0001 and id is 1 raw text is: COMPTROLLE:R GENERAL OF THE UNITED STATES51 1RT Tot 3-192733 Th o*aiO ~rsnho CT 1 8 978 £; House, ,of- iepresentativ f Dear Mr. Moore: This is in response:to ymar equest that this Office review the -claim of .ib-la Duke's arty- Rentals, Baton Enuge, Louisiana, against the Science and Education Administration (SEA), United States Department of Agriculture (Agriculture) for the loss of 6 chairs which SEA rented from him. Agriculture has determined that there was no culpable negligence on the part of the United States and has denied the claim under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. SEA entered into an agreement with Duke's Tarty Rentals on April 20, 1978, for the rental of 30 chairs. The chairswere used for a training course conducted by SEA in an open area at one end of its building. The building itself consists of individual research laboratories, none of which were large enough to accommodate .30 .chairs. After the ..course -.was, held on Friday, April 21, 1978, Agriculture employees stacked the chairs .,and secured the doors to the building in. which the.chairs were. stored., The only means. of -access -to -the -grounds -surrounding- the building is through a locked gate one-quarter mile from the building. This gate is manned by a security officer. On weekends, access to the building itself is by key- ..Keys have been -only issued. to.authorized-. AId-idual .xesearrhers.- Security guards patrolled the area surrounding this SEA building and reported no unusual events over the course of -the weekend in question. On Monday, April 24, 1978, the chairs were returned to -place of business.. Blowever, as the chairs were being unloaded, it was noticed that 6 chairs were missing. After internal investigation proved fruitless, the Federal Bureau of Investigation -vas-called in but ..vas ;also una le to discover who was responsible for the loss. of.. the 6 chairs. We have held consistently that lease agreements:-between -the Federal Government and private parties are governed by the.general law of bail- ments. 23 Comp. Gen. 907 (1944) (lease of truck by Government established I .....................

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