B-129227, JUN. 7, 1963

B-129227, JUN. 7, 1963

TO BOGLE, BOGLE AND GATES:

SUBJECT: JUDGMENT OF AMERICAN MAIL LINE,

LTD. V. UNITED STATES, U.S.D.C.,

WESTERN WASHINGTON, CIVIL ACTION

NO. 5509

WE HAVE YOUR LETTER OF MAY 3, 1963, WITH ENCLOSURES, MAKING CLAIM FOR PAYMENT OF THE JUDGMENT IN THE CITED CAUSE AND ADVISING THAT CERTIFIED COPIES OF THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OF THE DECREE ENTERED BY JUDGE JOHN C. BOWEN ON JULY 2, 1962, WILL BE FORWARDED UNDER SEPARATE COVER. YOU ENCLOSED A PHOTO COPY OF AN ORDER DATED MAY 1, 1963, BY WHICH THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DISMISSED THE GOVERNMENT'S APPEAL FROM THE JUDGMENT IN CIVIL ACTION NO. 5509.

WE HAVE NOT YET RECEIVED THE MATERIAL YOU INDICATE YOU WERE FORWARDING UNDER SEPARATE COVER. HOWEVER, AS YOU KNOW, BY LETTER MAY 1, 1963--- A COPY OF WHICH WAS FORWARDED TO YOU--- THE DEPARTMENT OF JUSTICE ADVISED THAT

"PAYMENT OF THE JUDGMENT IN CIVIL NO. 5509 MUST CONTINUE TO BE WITHHELD PURSUANT TO 31 U.S.C. 227 ON ACCOUNT OF THE INDEBTEDNESS OF AMERICAN MAIL LINE, LTD. TO THE UNITED STATES, REPRESENTED BY THE MARITIME ADMINISTRATION, FOR CHARTER HIRE.'

FROM SUCH LETTER IT APPEARS SUCH INDEBTEDNESS IS ALREADY IN LITIGATION IN ADMIRALTY NO. 16231 AND APPELLATE PROCEEDINGS HAVE BEEN INSTITUTED IN CONNECTION WITH THE JUDGMENT RENDERED IN THAT CASE ON JANUARY 14, 1963. IN VIEW OF THE REPRESENTATIONS CONTAINED IN YOUR LETTER OF MAY 3, 1963, AND YOUR SPECIFIC CLAIM FOR PAYMENT OF THE JUDGMENT IN CIVIL NO. 5509, A COPY OF THAT LETTER IS BEING FORWARDED TODAY TO THE ATTORNEY GENERAL FOR THE DEPARTMENT'S FURTHER RECOMMENDATIONS.

UPON RECEIPT OF A REPLY FROM THE DEPARTMENT OF JUSTICE WE WILL GIVE THE MATTER ADDITIONAL CONSIDERATION AND ADVISE YOU FURTHER.