B-122667, JUL. 13, 1955

B-122667: Jul 13, 1955

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YOU ARE ADVISED THAT UPON PLACING IN ESCROW WITH THE DEPARTMENT OF JUSTICE A MOTION TO DISMISS THE ACTION IN THE COURT OF CLAIMS. ROURKE AS SET FORTH IN YOUR LETTER WILL BE PROCESSED FOR PAYMENT. WE WILL ISSUE A SETTLEMENT ALLOWING HIM THE COMPENSATION HE WOULD HAVE EARNED ($5. UPON NOTIFICATION BY THE DEPARTMENT OF JUSTICE THAT YOU HAVE SUBMITTED IN ESCROW A MOTION FOR DISMISSAL OF MR. PROMPT ACTION WILL BE TAKEN TO EFFECT SETTLEMENT AS INDICATED ABOVE.

B-122667, JUL. 13, 1955

TO HAROLD L. HERZSTEIN, ESQUIRE:

YOUR LETTER OF JUNE 8, 1955, REQUESTS ADVICE RELATIVE TO THE SETTLEMENT OF THE CLAIM OF MR. EDWIN F. ROURKE, NOW PENDING IN THE UNITED STATES COURT OF CLAIMS (C.CLS. NO. 10-55), FOR BACK PAY INCIDENT TO EMPLOYMENT WITH THE TREASURY DEPARTMENT, INTERNAL REVENUE SERVICE, ALBANY, NEW YORK.

YOU ARE ADVISED THAT UPON PLACING IN ESCROW WITH THE DEPARTMENT OF JUSTICE A MOTION TO DISMISS THE ACTION IN THE COURT OF CLAIMS, THE CLAIM OF MR. ROURKE AS SET FORTH IN YOUR LETTER WILL BE PROCESSED FOR PAYMENT. WE WILL ISSUE A SETTLEMENT ALLOWING HIM THE COMPENSATION HE WOULD HAVE EARNED ($5,090.78) AS AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE FOR THE PERIOD OF THE UNWARRANTED REMOVAL FROM OCTOBER 24, 1953, TO AUGUST 5, 1954, LESS HIS ACTUAL EARNINGS ($3,560) FROM OTHER EMPLOYMENT DURING THAT PERIOD. IT MAY FURTHER BE MENTIONED THAT THE NET AMOUNT PAYABLE WOULD REFLECT A DEDUCTION FOR CIVIL SERVICE RETIREMENT AND A WITHHOLDING OF FEDERAL INCOME TAX.

UPON NOTIFICATION BY THE DEPARTMENT OF JUSTICE THAT YOU HAVE SUBMITTED IN ESCROW A MOTION FOR DISMISSAL OF MR. ROURKE'S SUIT IN THE COURT OF CLAIMS, PROMPT ACTION WILL BE TAKEN TO EFFECT SETTLEMENT AS INDICATED ABOVE.