B-126371, FEB. 7, 1958
Highlights
MCGRORY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21. YOUR CASE IS SIMILAR TO THAT OF THE PLAINTIFF IN TATO V. UNDER THE RULE OF THOSE CASES YOU ARE NOT LIABLE FOR ANY DUAL COMPENSATION INDEBTEDNESS. HAS NOT EXPIRED AND WE PROPERLY MAY NOT APPLY THE DECISION IN THAT CASE TO MATTERS BEFORE US UNTIL SUCH PERIOD HAS EXPIRED OR WE ARE ADVISED BY THE ATTORNEY GENERAL THAT NO FURTHER PROCEEDINGS WILL BE TAKEN IN THE MATTER. WE ASKED THE ATTORNEY GENERAL TO INFORM US OF HIS DECISION RESPECTING FURTHER PROCEEDINGS IN THE ATKINS CASE AS SOON AS PRACTICABLE AFTER SUCH DECISION IS MADE. IN THE EVENT IT IS DECIDED TO TAKE NO FURTHER ACTION IN THE CASE. THAT HE INFORM US WHETHER HE WAS AWARE OF ANY REASON WHY WE SHOULD NOT AUTHORIZE THE DEPARTMENT CONCERNED TO MAKE PAYMENTS ON THE BASIS OF THE RULE ESTABLISHED BY THE TATO AND ATKINS CASES.
B-126371, FEB. 7, 1958
TO MR. MARTIN A. MCGRORY:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1958, IN EFFECT ASKING WHETHER, IN VIEW OF THE DECISION DATED JANUARY 15, 1958, BY THE COURT OF CLAIMS IN THE CASE OF ATKINS ET AL. V. UNITED STATES, C.CLS. NO. 473-53, THE MATTER OF YOUR DUAL COMPENSATION INDEBTEDNESS MAY BE SETTLED WITHOUT ENACTMENT OF H.R. 4538 NOW PENDING FOR YOUR RELIEF OR JUDICIAL PROCEEDINGS. ALSO, CORRESPONDENCE HAS BEEN RECEIVED FROM HONORABLE JOHN MARSHALL BUTLER, UNITED STATES SENATE, AND HONORABLE JOHN D. DINGELL, HOUSE OF REPRESENTATIVES, REGARDING THIS MATTER.
YOUR CASE IS SIMILAR TO THAT OF THE PLAINTIFF IN TATO V. UNITED STATES, 136 C.CLS. 651, AND IN THE ATKINS CASE THE COURT REAFFIRMED ITS DECISION IN THE TATO CASE. UNDER THE RULE OF THOSE CASES YOU ARE NOT LIABLE FOR ANY DUAL COMPENSATION INDEBTEDNESS.
THE PERIOD FOR REQUESTING FURTHER PROCEEDINGS IN THE ATKINS CASE, HOWEVER, HAS NOT EXPIRED AND WE PROPERLY MAY NOT APPLY THE DECISION IN THAT CASE TO MATTERS BEFORE US UNTIL SUCH PERIOD HAS EXPIRED OR WE ARE ADVISED BY THE ATTORNEY GENERAL THAT NO FURTHER PROCEEDINGS WILL BE TAKEN IN THE MATTER.
IN SUCH CONNECTION, BY LETTER OF JANUARY 29, 1958, WE ASKED THE ATTORNEY GENERAL TO INFORM US OF HIS DECISION RESPECTING FURTHER PROCEEDINGS IN THE ATKINS CASE AS SOON AS PRACTICABLE AFTER SUCH DECISION IS MADE. ALSO, WE ASKED, IN THE EVENT IT IS DECIDED TO TAKE NO FURTHER ACTION IN THE CASE, THAT HE INFORM US WHETHER HE WAS AWARE OF ANY REASON WHY WE SHOULD NOT AUTHORIZE THE DEPARTMENT CONCERNED TO MAKE PAYMENTS ON THE BASIS OF THE RULE ESTABLISHED BY THE TATO AND ATKINS CASES.
A DEFINITE ANSWER TO YOUR INQUIRY MUST BE HELD IN ABEYANCE UNTIL WE HAVE HEARD FROM THE ATTORNEY GENERAL. UPON RECEIPT OF HIS REPLY WE WILL ADVISE YOU PROMPTLY OF OUR DECISION IN THE MATTER.