Re: Mrs. Kay Griggs on How the Government Works
Posted: Wed Dec 13, 2017 11:39 pm
Charles Lydon Harrell, Jr. and Martha G. Harrell, Decision No. CU 6716
Under the International Claims Settlement Act of 1949
by Lyle S. Garlock, Chairman and Theodore Jaffe, Commissioner
Aug 11, 1971
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
WASHINGTON, D.C. 20579
IN THE MATTER OF THE CLAIM OF
CHARLES LYDON HARRELL, JR.
and
MARTHA G. HARRELL
Under the International Claims Settlement Act of 1949, as amended
Claim No. CU-8326
Decision No. CU 6716
Represented by Tropical Gas Co.
Counsel for Tropical Gas Company, Inc.: Smathers & Thompson, by Robert F. O'Malley, Esq.
PROPOSED DECISION
Claimants, CHARLES LYDON HARRELL, JR. and MARTHA G. HARRELL, who owed a stock interest in Tropical Gas Company, Inc., assert a claim under Title V of the International Claims Settlement Act of 1949, as amended, against the Government of Cuba because of its nationalization of said Company.
In our decision entitled the Claim of L. Clyde Carter (Claim No. CU-6363 incorporated herein by reference), the Commission held that the properties owned by the Company were intervened by the Government of Cuba on August 26, 1960, and that this type of claim is compensable to an American national under the facts and conditions set forth therein. We need not again detail here the reasons or the method used in determining the value per share as $4.5885.
At the time of intervention, Tropical's preferred shareholders suffered no loss; and the common shares outstanding were 743,118. Subsequent issues not in existence on August 26, 1960 are not compensable (see Carter, supra).
On the basis of evidence of record, the Commission finds that these claimants, American nationals at the requisite times, come within the terms of the Carter decision, have been the owners of 58 shares of common stock in Tropical Gas Company since prior to August 26, 1960, and suffered a loss in the amount of $266.13 within the meaning of Title V of the Act. Further, the Commission holds that the amount of loss shall be increased by interest thereon at the rate of 6% per annum from August 26, 1960, the date of loss, to the date on which provisions are made for settlement thereof. (See Carter, supra.)
CERTIFICATION OF LOSS
The Commission certifies that CHARLES LYDON HARRELL, JR. and MARTHA G. HARRELL suffered a loss, as a result of actions of the Government of Cuba, within the scope of Title V of the International Claims Settlement Act of 1949, as amended, in the amount of Two Hundred Sixty-Six Dollars and Thirteen Cents ($266.13) with interest at 6% per annum from August 26, 1960 to the date of settlement.
Dated at Washington, D.C., and entered as the Proposed Decision of the Commission
Aug 11, 1971
Signed: Lyle S. Garlock, Chairman
Signed: Theodore Jaffe, Commissioner
NOTICE TO TREASURY: The above-referenced securities may not have been submitted to the Commission or if submitted, may have been returned; accordingly, no payment should be made until claimant establishes retention of the securities or the loss here certified.
The statute does not provide for the payment of claims against the Government of Cuba. Provision is only made for the determination by the Commission of the validity and amounts of such claims. Section 501 of the statute specifically precludes any authorization for appropriations for payment of these claims. The Commission is required to certify its findings to the Secretary of State for possible use in future negotiations with the Government of Cuba.
NOTICE: Pursuant to the Regulations of the Commission, if no objections are filed within 15 days after service or receipt of notice of this Proposed Decision, the decision will be entered as the Final Decision of the Commission upon the expiration of 30 days after such service or receipt of notice, unless the Commission otherwise orders. (FCSC Reg., 45 C.F.R. 531.5(e) and (g) as amended (1970).
CU-8326
Under the International Claims Settlement Act of 1949
by Lyle S. Garlock, Chairman and Theodore Jaffe, Commissioner
Aug 11, 1971
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATESYOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
WASHINGTON, D.C. 20579
IN THE MATTER OF THE CLAIM OF
CHARLES LYDON HARRELL, JR.
and
MARTHA G. HARRELL
Under the International Claims Settlement Act of 1949, as amended
Claim No. CU-8326
Decision No. CU 6716
Represented by Tropical Gas Co.
Counsel for Tropical Gas Company, Inc.: Smathers & Thompson, by Robert F. O'Malley, Esq.
PROPOSED DECISION
Claimants, CHARLES LYDON HARRELL, JR. and MARTHA G. HARRELL, who owed a stock interest in Tropical Gas Company, Inc., assert a claim under Title V of the International Claims Settlement Act of 1949, as amended, against the Government of Cuba because of its nationalization of said Company.
In our decision entitled the Claim of L. Clyde Carter (Claim No. CU-6363 incorporated herein by reference), the Commission held that the properties owned by the Company were intervened by the Government of Cuba on August 26, 1960, and that this type of claim is compensable to an American national under the facts and conditions set forth therein. We need not again detail here the reasons or the method used in determining the value per share as $4.5885.
At the time of intervention, Tropical's preferred shareholders suffered no loss; and the common shares outstanding were 743,118. Subsequent issues not in existence on August 26, 1960 are not compensable (see Carter, supra).
On the basis of evidence of record, the Commission finds that these claimants, American nationals at the requisite times, come within the terms of the Carter decision, have been the owners of 58 shares of common stock in Tropical Gas Company since prior to August 26, 1960, and suffered a loss in the amount of $266.13 within the meaning of Title V of the Act. Further, the Commission holds that the amount of loss shall be increased by interest thereon at the rate of 6% per annum from August 26, 1960, the date of loss, to the date on which provisions are made for settlement thereof. (See Carter, supra.)
CERTIFICATION OF LOSS
The Commission certifies that CHARLES LYDON HARRELL, JR. and MARTHA G. HARRELL suffered a loss, as a result of actions of the Government of Cuba, within the scope of Title V of the International Claims Settlement Act of 1949, as amended, in the amount of Two Hundred Sixty-Six Dollars and Thirteen Cents ($266.13) with interest at 6% per annum from August 26, 1960 to the date of settlement.
Dated at Washington, D.C., and entered as the Proposed Decision of the Commission
Aug 11, 1971
Signed: Lyle S. Garlock, Chairman
Signed: Theodore Jaffe, Commissioner
NOTICE TO TREASURY: The above-referenced securities may not have been submitted to the Commission or if submitted, may have been returned; accordingly, no payment should be made until claimant establishes retention of the securities or the loss here certified.
The statute does not provide for the payment of claims against the Government of Cuba. Provision is only made for the determination by the Commission of the validity and amounts of such claims. Section 501 of the statute specifically precludes any authorization for appropriations for payment of these claims. The Commission is required to certify its findings to the Secretary of State for possible use in future negotiations with the Government of Cuba.
NOTICE: Pursuant to the Regulations of the Commission, if no objections are filed within 15 days after service or receipt of notice of this Proposed Decision, the decision will be entered as the Final Decision of the Commission upon the expiration of 30 days after such service or receipt of notice, unless the Commission otherwise orders. (FCSC Reg., 45 C.F.R. 531.5(e) and (g) as amended (1970).
CU-8326






