B-120159, MAR. 28, 1960
Highlights
KING AND KING: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22. DAHLSTEDT'S CLAIM WAS PRESENTED ON THE BASIS OF TATO V. THE DISALLOWANCE WAS BASED ON THE VIEW THAT JUDGMENT ENTERED IN MR. NO FURTHER ACTION WILL BE TAKEN ON MR.
B-120159, MAR. 28, 1960
TO LAW OFFICES, KING AND KING:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22, 1959, REQUESTING REVIEW OF OUR SETTLEMENT OF DECEMBER 4, 1959, WHICH DISALLOWED THE CLAIM OF MR. LEON E. DAHLSTEDT FOR ADDITIONAL RETIRED PAY FROM NOVEMBER 1, 1946, TO DATE OF SETTLEMENT. MR. DAHLSTEDT'S CLAIM WAS PRESENTED ON THE BASIS OF TATO V. UNITED STATES, 136 C.CLS. 651, AND ATKINS, ET AL. V. UNITED STATES, 141 C.CLS. 88. THE DISALLOWANCE WAS BASED ON THE VIEW THAT JUDGMENT ENTERED IN MR. DAHLSTEDT'S FAVOR ON FEBRUARY 3, 1953, AND PAID ON APRIL 15, 1953, IN THE CASE OF CAMILLE ADAM, ET AL. V. UNITED STATES, C.CLS.NO. 49607, A SUIT FOR INCREASED RETIRED PAY, BARRED CONSIDERATION OF HIS CLAIM UNDER THE PROVISIONS OF 28 U.S.C. 2517, AND THE DOCTRINE OF RES JUDICATA.
IN ALL MATERIAL ASPECTS, THE PRESENT CLAIM APPEARS TO BE SIMILAR TO ALL CLAIM OF WILLIAM HARRISON LASLEY. FOR THE REASONS STATED IN OUR LETTER OF MARCH 11, 1960, TO YOU, B-140734, REGARDING MR. LASLEY'S CASE, AND IN OUR LETTER OF THE SAME DATE, B-98978, B-137626, IN REGARD TO THE CASES OF MR. ROMAN DEL ROSARIO AND FREDERICO DENOFRA, NO FURTHER ACTION WILL BE TAKEN ON MR. DAHLSTEDT'S CLAIM AT THE PRESENT TIME.