Weiler v. Department of Corrections

West Virginia Court of Claims

Weiler v. Department of Corrections

13 Ct. Cl. 333

CourtWest Virginia Court of Claims

DecidedJanuary 27, 1981

DocketCC-80-404

StatusPublished

This text of 13 Ct. Cl. 333 (Weiler v. Department of Corrections) 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

Weiler v. Department of Corrections, 13 Ct. Cl. 333 (W. Va. Super. Ct. 1981).

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Opinion

PER CURIAM:

In this claim, submitted for decision upon the pleadings, [334]*334claimant seeks payment of the sum of $1,259.00 for medical services rendered to an inmate of the West Virginia Penitentiary.

Respondent admits the validity and amount of the claim, and states that no payment had been made because no billing had been received. The fiscal year then expired, and the amount could not be paid. In addition, no funds remained in the accounts of the Penitentiary out of which the obligation could have been paid.

While we feel that this is a claim which in equity and good conscience should be paid, we are also of the opinion that an award cannot be made, based on our decision in Airkem Sales and Service, et al. v. Department of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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