
    
      OPINION ISSUED JANUARY 25, 2000
    
    CABELL COUNTY COMMISSION VS. SUPREME COURT OF APPEALS
    (CC-99-476)
    William T. Watson, Attorney at Law, for claimant.
    Richard Rosswurm, Attorney at Law, 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 $8,908.00 for home confinement drug testing fees which were collected and inadvertently credited to the wrong account for the fiscal years 1992 through 1998, then sent to respondent. Respondent, in its Answer, admits the validity of the claim and the amount,, but 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 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.  