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West Virginia Court of Claims

Volume Number: 30
Category(s): VENDOR - Denied because of insufficient funds
Opinion Issued January 29, 2014
CHAPMANā€™S MORTUARY
VS.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
(13-0606)
     Represents self.
     B. Allen Campbell, Supervising Senior Assistant Attorney General, for Respondent.
     PER CURIAM:
     
      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 $1,250.00 for funeral services provided through the indigent burial fund. 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 in equity and in 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).
      Claim disallowed.
Summary:
     


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