B-103238, MAR. 27, 1957

B-103238: Mar 27, 1957

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WHEN NO APPEAL IS TAKEN. IS ABSOLUTELY FINAL AND CONCLUSIVE OF THE RIGHTS OF THE PARTIES UNLESS A NEW TRIAL IS GRANTED BY THE COURT. ARE FOR PRESENTATION TO THE COURT AND NOT OUR OFFICE. WE HAVE NO ALTERNATIVE BUT TO DENY YOUR REQUEST FOR FURTHER CONSIDERATION BY OUR OFFICE OF YOUR CLAIM.

B-103238, MAR. 27, 1957

TO MR. SAMUEL PRESTON LEVERETTE:

YOUR LETTER OF MARCH 12, 1957, REQUESTS RECONSIDERATION BY OUR OFFICE OF YOUR CLAIM FOR WITHIN-GRADE SALARY ADVANCEMENTS INCIDENT TO YOUR FEDERAL EMPLOYMENT.

THE CLAIM HAS BEEN BEFORE THE COURT OF CLAIMS IN A SUIT ENTITLED SAMUEL P. LEVERETTE, PLAINTIFF, V. THE UNITED SATES, DEFENDANT, C. OF CLS. NO. 47 -53. IN A DECISION OF MAY 1, 1956, THE COURT FOUND YOU NOT ENTITLED TO THE ADDITIONAL COMPENSATION SOUGHT. SINCE A JUDGMENT OF THE COURT OF CLAIMS, WHEN NO APPEAL IS TAKEN, IS ABSOLUTELY FINAL AND CONCLUSIVE OF THE RIGHTS OF THE PARTIES UNLESS A NEW TRIAL IS GRANTED BY THE COURT, OUR OFFICE CANNOT FURTHER CONSIDER YOUR CLAIM. UNITED STATES V. JONES, 119 U.S. 477; WILLIAMS V. UNITED STATES, 289 U.S. 553. IT MAY ALSO BE MENTIONED THAT YOUR ALLEGATIONS OF NEWLY DISCOVERED FACTS AND CIRCUMSTANCES, REFLECTING UPON THE CORRECTNESS OF THE COURT'S JUDGMENT, ARE FOR PRESENTATION TO THE COURT AND NOT OUR OFFICE. IN THAT REGARD WE UNDERSTAND THAT YOU DID FILE MOTIONS FOR RECONSIDERATION AND RETRIAL.

WE HAVE NO ALTERNATIVE BUT TO DENY YOUR REQUEST FOR FURTHER CONSIDERATION BY OUR OFFICE OF YOUR CLAIM.