OPINION ISSUED JANUARY 17, 2001
MONTGOMERY GENERAL HOSPITAL
DIVISION OF CORRECTIONS
Claimant appeared pro se.
Joy M. Bolling, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $51,070.55 for medical
services rendered to several inmates in the custody of respondent
at Mt. Olive Correctional Center, a facility of the respondent.
Respondent, in its Answer, admits the validity of the claim, and
further states that there were insufficient funds in its
appropriation 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. vs. Dept. of Mental
Health, 8 Ct. Cl. 180 (1971).