a coach fare for tickets which were issued at business class and first class fares; and (3) the government is offsetting overcharges against airline bills after the airlines have already returned the claimed amount to the government. The parties have largely resolved the dispute over the second set of circumstances, and the government has made the following representation: "It is not GSA's audit policy to substitute coach fares for business or first class fares, or to substitute for a ticketed coach fare a lower coach fare which carried a penalty . . . . To the extent that GSA auditors may have made such substitutions, they were made in error and the overcharges will be refunded to the carrier." Defendants' Objections to Plaintiffs' Proposed Order, 1.
In light of these statements and the decision that has been rendered on count one, it is the Court's belief that the matters remaining under the APA are incidential and can be resolved by agreement between the parties. If the Court is mistaken and the parties are unable to settle the dispute raised in count two, they are to submit papers identifying with great specificity issues which have been settled and issues which the Court must decide.
IV. CLAIMS FOR RETURN OF ALLEGED OVERCHARGES
The plaintiffs seek the return of overcharges that have been offset against subsequent transportation bills. The overcharges have been determined using the audit procedures which this Court has found to be impermissible. Some of the overcharges have also been offset from subsequent transportation bills allegedly in violation of the APA as claimed in count two of the complaint. Although the monetary claims are not the subject of a motion for summary judgment, the government has represented to the Court that, as a general matter, it does not have access to information about the availability of fares at the time the tickets in dispute were purchased. The Court, as part of the injunctive relief, will now order the return of all monies held improperly with the exception of offsets for which the government may have information with respect to particular transactions that proves government travelers did request lower fares, seats were available at those fares, yet tickets were issued at higher fares. In such instances, the matter shall be taken up by the administrative process that handles such disputes.
In accordance with the foregoing opinion, the Court will grant summary judgment in favor of the plaintiffs on count one. An injunction will be issued requiring the government to comply with the opinion of the Comptroller General when conducting future post-payment audits of transportation bills. The Court will dismiss counts three and four. The Court will retain jurisdiction in the event that there should be any dispute over implementation of the Court's order.
EDITOR'S NOTE: The following court-provided text does not appear at this cite in 801 F. Supp. 760.
United States District Court
ORDER - August 12, 1992, Filed
For the reasons stated in the foregoing opinion, it is this 11 day of Aug 1992 hereby
ORDERED that plaintiffs' motion for summary judgment as to count one of the complaint seeking enforcement of the Comptroller General's decision is granted; and it is
FURTHER ORDERED that defendants' cross-motion for summary judgment as to count one is denied; and it is
FURTHER ORDERED that counts three and four of the complaint are dismissed; and it is
FURTHER ORDERED that the defendants shall hereinafter comply with the decision of the Comptroller General issued September 10, 1990 and reaffirmed September 23, 1991; and it is
FURTHER ORDERED that the government shall return to the plaintiffs the overcharges which have been recouped improperly except for those overcharges for which the government has information with respect to particular transactions that proven government travelers did request lower fares, seats were available at those fares, yet tickets were issued at higher fares. Where the government is in possession of such information, the claims for return of overcharges shall be submitted to the ordinary administrative process.
United States District Court