Greenbrier Valley Hospital v. Department of Corrections

PER CURIAM:

This claim was submitted for decision based on the allegations of the Notice of Claim and the respondent’s Answer.

Claimant seeks payment of the sum of $4,470.34 for services rendered to an inmate of the Anthony Correctional Center. In its Answer, the respondent admits the validity of the claim, but also' states that there were no funds remaining in the respondent’s appropriation for the fiscal year in question from which the obligation could have been paid.

While the Court feels that this is a claim which in equity and good conscience should be paid, the Court is further of the opinion that an award cannot be made, based on our decision in Airkem Sales and Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.