B-98978, B-141450, JAN. 18, 1963

B-98978, B-141450, JAN. 18, 1963

TO KING AND KING:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27, 1962, ENCLOSING A COPY OF THE ORDER ISSUED BY THE COURT OF CLAIMS ON NOVEMBER 23, 1962, FURTHER AMENDING THE JUDGMENT ENTERED AUGUST 27, 1958, AS AMENDED JUNE 29, 1962, IN THE CASE OF ABERCROMBIE, ET AL. (LUTHER L. BULLARD, PLAINTIFF NO. 32) V. UNITED STATES, CT.CL.NO. 49877.

THE LATEST AMENDMENT TO THE JUDGMENT PROVIDES THAT THE AMOUNT OF RECOVERY THEREON IS THE CASE OF THE PLAINTIFF, BULLARD, IS FOR THE PERIOD JULY 7, 1945, TO MARCH 31, 1955. THE RULE OF RES JUDICATA THEREFORE NO LONGER BARS RECOVERY FOR ANY PERIOD SUBSEQUENT TO MARCH 31, 1955, ON HIS CLAIM NOW PENDING BEFORE OUR OFFICE FOR AN ADJUSTMENT IN RETIRED PAY BASED ON THE DECISION IN THE CASE OF FAGAN, ET AL. (GOVER) V. UNITED STATES, CT.CL.NO. 535-57, DECIDED MAY 4, 1960.

OUR REQUEST IN LETTER OF AUGUST 28, 1962, B-98978, B-141450, FOR RETURN OF THE CHECK FOR $131.29 DRAWN IN FAVOR OF MR. BULLARD PURSUANT TO SETTLEMENT OF NOVEMBER 28, 1961, IS HEREBY CANCELLED. A SUPPLEMENTAL SETTLEMENT WILL BE ISSUED ALLOWING A SIMILAR ADJUSTMENT IN RETIRED PAY FOR THE PERIOD APRIL 1, 1955, THROUGH AUGUST 27, 1958, THE DAY IMMEDIATELY PRECEDING THE FIRST DAY OF THE PERIOD FOR WHICH THE ADJUSTMENT WAS ALLOWED ON SETTLEMENT OF NOVEMBER 28, 1961, WHICH SETTLEMENT WAS ISSUED ON THE BASIS OF DELIVERY TO THE DEPARTMENT OF JUSTICE OF A MOTION TO DISMISS MR. BULLARD'S PRESENT PETITION BEFORE THE COURT OF CLAIMS AS PLAINTIFF NO. 3 IN THE CASE OF BARNES, ET AL. V. UNITED STATES, CT.CL.NO. 500-59.