|Volume Number: 29
|Opinion Issued February 14, 2013|
|WEST VIRGINIA RACING COMMISSION|
Claimant appeared pro se.
Anthony D. Eates II, Assistant Attorney General, for Respondent.
| PER CURIAM:
This claim was submitted for decision without a hearing based upon the allegations in the Notice of Claim and Respondent's Answer.
Claimant seeks to recover $660.00 for purse supplement claims that have not been paid by Respondent. Respondent, in its Answer, admits the validity of the claim and further states that there were insufficient funds in the purse supplement fund for the fiscal year in question from which to pay the claim.
While the Court believes that this is a claim which in equity and good conscience should be paid, the Court further believes that an award cannot be recommended based upon the decision in Airkem Sales and Service, et al. v. Dep’t of Mental Health, 8 Ct. Cl. 180 (1971).