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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): VENDOR - Denied because of insufficient funds
Opinion Issued January 12, 2015
BAILEY-KIRK FUNERAL HOME
VS.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
(CC-14-1126)
     Claimant appeared pro se.
     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 $5,000.00 for burials performed which were to be paid from Respondent’s 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, which in equity and good conscience should be paid, the Court is constrained to deny this claim because an award cannot be recommended based upon the Court’s 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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