B-109731, SEP. 27, 1955

B-109731: Sep 27, 1955

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THE DISALLOWANCE OF THE CLAIM WAS NECESSITATED BECAUSE OF THE LACK OF COMPLETE AND ACCURATE INFORMATION CONCERNING MR. THE PRIOR ACTION IS FOUND TO BE CORRECT. YOU ARE ADVISED THAT IN THE ABSENCE OF ADDITIONAL EVIDENCE. YOUR ATTENTION IS INVITED TO 28 U.S.C. 1346/D) AND 1491.

B-109731, SEP. 27, 1955

TO ANDERSEN AND ATKINSON, ATTORNEYS AT LAW:

YOUR LETTER OF JULY 18, 1955, REQUESTS RECONSIDERATION OF THE DISALLOWANCE BY THIS OFFICE (SETTLEMENT CERTIFICATE, APRIL 12, 1955) OF THE CLAIM OF MRS. HELEN I. SMITH AS ADMINISTRATRIX OF THE ESTATE OF MOSES E. SMITH, DECEASED, FOR A LUMP-SUM PAYMENT DUE THE ESTATE OF THE DECEDENT FOR THE ANNUAL LEAVE WHICH HAD ACCRUED TO HIS CREDIT AT THE TIME OF HIS DEATH IN 1952 AS SUPERINTENDENT OF THE UNITED STATES MINT, DENVER, COLORADO.

MRS. SMITH'S CLAIM INVOLVES THE PROVISIONS OF THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F-61K, RELATIVE TO THE SETTLEMENT OF ACCOUNTS OF DECEASED OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT. THE DISALLOWANCE OF THE CLAIM WAS NECESSITATED BECAUSE OF THE LACK OF COMPLETE AND ACCURATE INFORMATION CONCERNING MR. SMITH'S LEAVE ACCOUNT. REEXAMINATION OF THE RECORD AND SINCE NO ADDITIONAL INFORMATION HAS BEEN FURNISHED INCIDENT TO THE REQUEST FOR RECONSIDERATION, THE PRIOR ACTION IS FOUND TO BE CORRECT. CONSEQUENTLY, THE SETTLEMENT OF APRIL 12, 1955, MUST BE SUSTAINED.

IN RESPONSE TO YOUR REQUEST FOR INFORMATION AS TO FURTHER ADMINISTRATIVE APPEAL, YOU ARE ADVISED THAT IN THE ABSENCE OF ADDITIONAL EVIDENCE, THE ACTION HEREIN CONSTITUTES THE FINAL ADMINISTRATIVE DETERMINATION OF THE CASE. SEE 31 U.S.C. 71. AS TO THE PROPER TRIBUNAL FOR THE FILING OF A JUDICIAL ACTION, YOUR ATTENTION IS INVITED TO 28 U.S.C. 1346/D) AND 1491, RELATIVE TO THE JURISDICTION OF THE UNITED STATES COURT OF CLAIMS, AND THE LACK OF JURISDICTION OF UNITED STATES DISTRICT COURTS IN ACTIONS "TO RECOVER FEES, SALARY, OR COMPENSATION FOR OFFICIAL SERVICES OF OFFICERS OR EMPLOYEES OF THE UNITED STATES.'