B-107796, JAN 27, 1953

B-107796: Jan 27, 1953

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NO. 7-52.: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12. YOU STATE THAT THE ABOVE-ENTITLED CAUSE IS ONE OF SEVERAL CASES SIMILAR TO THE PRICE CASE NOW PENDING BEFORE THE COURT OF CLAIMS AND YOU REQUEST ADVICE AS TO WHETHER THIS OFFICE WILL NOW CONSIDER SUCH CLAIMS PROVIDED THAT YOUR OFFICE SECURES FROM THE SEVERAL CLAIMANTS MOTIONS TO DISMISS THEIR SUITS TO BE HELD IN ESCROW BY THE DEPARTMENT PENDING ADVICE AS TO THE FINAL ACTION TAKEN THEREON. SUCH PETITION HAVING BEEN DENIED BY THE SUPREME COURT THE JUDGMENT OF THE COURT OF CLAIMS IS FINAL AND WILL BE ACCEPTED BY THIS OFFICE AS GOVERNING OTHER LIKE CLAIMS. IF THE SEVERAL PETITIONERS IN THE COURT OF CLAIMS WITH SIMILAR SUITS WILL FILE THEIR CLAIMS WITH THIS OFFICE.

B-107796, JAN 27, 1953

PRECIS-UNAVAILABLE

THE ATTORNEY GENERAL, RE: CHARLES P. BIGGER V. UNITED STATES, C. CLS. NO. 7-52.:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1953 (AHB:TOF, 154 16-7), WHEREIN YOU ADVISE THAT ON JANUARY 5, 1953, THE SUPREME COURT OF THE UNITED STATES DENIED THE GOVERNMENT'S PETITION FOR A WRIT OF CERTIORARI IN THE CASE OF WILLIAM G. PRICE V. UNITED STATES, 121 C. CLS. 664.

YOU STATE THAT THE ABOVE-ENTITLED CAUSE IS ONE OF SEVERAL CASES SIMILAR TO THE PRICE CASE NOW PENDING BEFORE THE COURT OF CLAIMS AND YOU REQUEST ADVICE AS TO WHETHER THIS OFFICE WILL NOW CONSIDER SUCH CLAIMS PROVIDED THAT YOUR OFFICE SECURES FROM THE SEVERAL CLAIMANTS MOTIONS TO DISMISS THEIR SUITS TO BE HELD IN ESCROW BY THE DEPARTMENT PENDING ADVICE AS TO THE FINAL ACTION TAKEN THEREON.

WHILE THIS OFFICE HAS HAD GRAVE DOUBT THAT THE COURT OF CLAIMS' DECISION IN THE PRICE CASE CORRECTLY INTERPRETED THE LAW, IT SEEMS CLEAR THAT NO USEFUL PURPOSE WOULD BE SERVED BY ATTEMPTING TO PURSUE THE MATTER FURTHER IN THE COURTS AND THAT IT WOULD BE FUTILE FOR THIS OFFICE TO ATTEMPT TO ADDUCE AUTHORITIES OR ARGUMENTS IN THE MATTER IN ADDITION TO THOSE SO ABLY SET FORTH IN THE DEFENDANT'S COMPREHENSIVE BRIEF FILED WITH THE COURT OF CLAIMS AND IN THE PETITION FOR THE WRIT OF CERTIORARI. SUCH PETITION HAVING BEEN DENIED BY THE SUPREME COURT THE JUDGMENT OF THE COURT OF CLAIMS IS FINAL AND WILL BE ACCEPTED BY THIS OFFICE AS GOVERNING OTHER LIKE CLAIMS. ACCORDINGLY, IF THE SEVERAL PETITIONERS IN THE COURT OF CLAIMS WITH SIMILAR SUITS WILL FILE THEIR CLAIMS WITH THIS OFFICE, CONSIDERATION WILL BE GIVEN THERETO UPON RECEIPT OF ADVICE FROM YOU THAT THEY HAVE FILED MOTIONS TO DISMISS THEIR SUITS, TO BE HELD IN ESCROW BY YOUR DEPARTMENT PENDING THE SETTLEMENT HERE OF SUCH CLAIMS.

THIS OFFICE WISHES TO EXPRESS ITS SINCERE APPRECIATION OF THE EFFORTS MADE BY YOUR DEPARTMENT TO SECURE A FINAL JUDICIAL DETERMINATION OF THE MATTER BY THE SUPREME COURT OF THE UNITED STATES.