B-115236, FEB 24, 1955
Highlights
DEPARTMENT OF THE ARMY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 6. WE HAVE BEEN ADVISED IN A LETTER DATED JANUARY 24. THAT THE SOLICITOR GENERAL HAS DECIDED THAT NO PETITION FOR A WRIT OF CERTIORARI WILL BE MADE TO THE UNITED STATES SUPREME COURT IN THE ADAMS CASE AND THAT ALTHOUGH THE GOVERNMENT'S TIME FOR APPEAL WILL NOT EXPIRE UNTIL APRIL 11. THE JUDGMENT MAY BE CONSIDERED FINAL SINCE NO FURTHER ACTION WILL BE TAKEN IN THE MATTER BY THE DEPARTMENT OF JUSTICE. THAT HIS RETIREMENT WAS VALID IN ALL OTHER RESPECTS.
B-115236, FEB 24, 1955
PRECIS-UNAVAILABLE
LIEUTENANT COLONEL EUGENE PALETS, FC, DEPARTMENT OF THE ARMY:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 6, 1954, AND TO OUR DECISION OF JUNE 22, 1954, B-115236, ON THE CASE OF BRIGADIER GENERAL REGINALD W. BUSSELL, NGUS, CONCERNING THE PAYMENT TO HIM OF RETIRED PAY FOR THE PERIOD FEBRUARY 1, 1953, TO APRIL 30, 1954. THE DECISION ADVISED YOU THAT FINAL DISPOSITION OF THAT CASE SHOULD BE WITHHELD PENDING RECEIPT OF OFFICIAL NOTIFICATION THAT THE JUDGMENT OF THE COURT OF CLAIMS IN THE CASE OF MILTON C. ADAMS V. UNITED STATES (C. CLS. NO. 29-53, DECIDED ON FEBRUARY 2, 1954) HAS BECOME FINAL.
WE HAVE BEEN ADVISED IN A LETTER DATED JANUARY 24, 1955, FROM THE ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION, THAT THE SOLICITOR GENERAL HAS DECIDED THAT NO PETITION FOR A WRIT OF CERTIORARI WILL BE MADE TO THE UNITED STATES SUPREME COURT IN THE ADAMS CASE AND THAT ALTHOUGH THE GOVERNMENT'S TIME FOR APPEAL WILL NOT EXPIRE UNTIL APRIL 11, 1955, THE JUDGMENT MAY BE CONSIDERED FINAL SINCE NO FURTHER ACTION WILL BE TAKEN IN THE MATTER BY THE DEPARTMENT OF JUSTICE.
IN VIEW OF THIS DETERMINATION BRIGADIER GENERAL BUZZELL MAY BE CONSIDERED AS ENTITLED TO RETAIN THE RETIREMENT PAY PAID HIM DURING THE PERIOD AUGUST 1, 1951, THROUGH JANUARY 31, 1953, AND TO RECEIVE RETIREMENT PAY BEGINNING FEBRUARY 1, 1953, ASSUMING, OF COURSE, THAT HIS RETIREMENT WAS VALID IN ALL OTHER RESPECTS.