OPINION ISSUED OCTOBER 28, 1992
FANNING FUNERAL HOME
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Claimant represents self.
John E. Shank, Deputy Attorney General, for respondent.
This claim was submitted for decision based upon the allegations in the Notice of Claim and
Claimant seeks payment of $325.00 for funeral services provided a client of the respondent State
Respondent, in its Answer, admits the validity of the claim, but states that there were sufficient 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 it cannot be paid based upon the decision in Airkem Sales and
Service, et. al. vs. Dept. of Mental Health, 8 Ct.Cl. 180 (1971.