Ashland Chemical Co. v. Department of Public Institutions

11 Ct. Cl. 97
CourtWest Virginia Court of Claims
DecidedFebruary 20, 1976
DocketNo. D-928
StatusPublished

This text of 11 Ct. Cl. 97 (Ashland Chemical Co. v. Department of Public Institutions) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashland Chemical Co. v. Department of Public Institutions, 11 Ct. Cl. 97 (W. Va. Super. Ct. 1976).

Opinion

PER CURIAM:

The claimant during fiscal year 1972-73 delivered certain material to the West Virginia Penitentiary and invoiced the respondent for a net amount of $249.65. Likewise, during fiscal year 1973-74 material was delivered to respondent, and it was invoiced in the net amount of $51.80.

The record clearly reflects that the respondent expired sufficient funds in its current expense appropriation in fiscal year 1972-73 from which the net amount of $249.65 could have been paid. This is not true for fiscal year 1973-74, and consequently we must deny the claim for the year in the amount of $51.80 on the basis of our decision in Airkem Sales and Service, et al v. Department of Mental Health, 8 Ct. Cl. 180.

Award of $249.65.

Disallowed — $51.80.

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Related

Airkem Sales & Service v. Department of Mental Health
8 Ct. Cl. 180 (West Virginia Court of Claims, 1971)

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Bluebook (online)
11 Ct. Cl. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashland-chemical-co-v-department-of-public-institutions-wvctcl-1976.