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284839081
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White House Press Release
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284839081
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10
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1946-08-10
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1946
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384 #823 IMMEDIATE RELEASE AUGUST 10, 1946. MELORANDUM OF DISAPPROVAL I return herewith without my approval the bill (H.R. 1088), for the relief of the Eastern Contracting Company. The measure proposes to authorize and direct payment to the Eastern Contracting Company the sum of $86,545.00 in full settlement of all claims against the United States for damages occasioned by reason of delays caused by the United States Government in carrying out the terms of a contract entered into by the company and the United States Government on June 8, 1934, for the construction of highway approaches to the Bourne Bridge, Cape Cod Canal, Bourne, Massachusetts. It appears that on October 5, 1942, the Court of Claims found against the Eastern Contracting Company in an action for damages growing out of the delays set forth in this bill (97 Ct. Cls. 341). The court held that although the plaintiff was damaged, it had failed to furnish evidence by which such damages could be measured. Motion for a new trial was overruled. It appears that the case was fairly tried in the Court of Claims and was decided against the claimant for failure to sustain the necessary burden of proof. During the first session of the present Congress, I withheld my approval from legislation (H. R. 2518), to confer jurisdiction on the Court of Claims to hear, determine and render judgment upon the claim of the Eastern Contracting Company against the United States for damages arising under the same contract. The pending measure, H. R. 1088, now proposes to authorize and direct an appropriation in favor of the claimant. I find no reason for receding from my previous position in regard to such legislation. Accordingly, I am with- holding approval of the measure. HARRY S. TRUMAN THE WHITE HOUSE, August 9, 1946