B-133654, OCT. 15, 1957

B-133654: Oct 15, 1957

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ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16. IT WAS EXPLAINED THAT WE ARE NOT FOLLOWING THE GORDON AND BAILEY DECISIONS. WAS CITED AS BARRING PAYMENT OF THAT PART OF THE CLAIM COVERING THE PERIOD MARCH 1 TO 10. SINCE THE CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL MARCH 11. AS SUPPORTING YOUR BELIEF THAT NO PART OF THE CLAIM IS BARRED BY THE STATUTE OF LIMITATIONS. VIEW OF THE FACT THAT THE SAME ISSUES ARE INVOLVED IN THAT PART OF HIS CLAIM RELATING TO THE PERIOD ON AND AFTER JUNE 1. AS WILL BE CONSIDERED BY THE COURT ON PETITION NO. 388-57. NO FINAL ACTION WILL BE TAKEN HERE ON THE CLAIM UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS.

B-133654, OCT. 15, 1957

TO ANSELL AND ANSELL, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16, 1957, REQUESTING FURTHER CONSIDERATION OF SETTLEMENT DATED MAY 15, 1957, WHICH DISALLOWED THE CLAIM OF YOUR CLIENT, COLONEL CLARENCE J. KANAGA, RETIRED, FOR INCREASED RETIRED PAY FROM MARCH 1, 1947. YOU CITE, AS AUTHORITY FOR THE PAYMENT OF SUCH CLAIM, THE CASES OF GORDON V. UNITED STATES, 134 C.CLS. 840, AND BAILEY V. UNITED STATES, 134 C.CLS. 471.

IN DISALLOWING COLONEL KANAGA'S CLAIM, IT WAS EXPLAINED THAT WE ARE NOT FOLLOWING THE GORDON AND BAILEY DECISIONS, AS PRECEDENTS, IN THE SETTLEMENT OF CLAIMS OF THIS TYPE. IN ADDITION, THE TEN-YEAR LIMITATION PERIOD OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WAS CITED AS BARRING PAYMENT OF THAT PART OF THE CLAIM COVERING THE PERIOD MARCH 1 TO 10, 1947, SINCE THE CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL MARCH 11, 1957. YOU REFER TO THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF CANNON V. UNITED STATES, 146 F.SUPP. 827, AS SUPPORTING YOUR BELIEF THAT NO PART OF THE CLAIM IS BARRED BY THE STATUTE OF LIMITATIONS.

WITHOUT REGARD TO THE MATTER OF TIMELY FILING, NO FURTHER ACTION MAY BE TAKEN HERE ON THE CLAIM AT THE PRESENT TIME, SINCE IT NOW APPEARS THAT COLONEL KANAGA FILED HIS PETITION NO. 388-57 ON AUGUST 12, 1957, IN THE COURT OF CLAIMS, FOR ADDITIONAL RETIRED PAY FROM JUNE 1, 1951, ON THE BASIS OF THE SAME FACTS AS STATED IN HIS CLAIM MADE TO THIS OFFICE. VIEW OF THE FACT THAT THE SAME ISSUES ARE INVOLVED IN THAT PART OF HIS CLAIM RELATING TO THE PERIOD ON AND AFTER JUNE 1, 1951, AS WILL BE CONSIDERED BY THE COURT ON PETITION NO. 388-57, NO FINAL ACTION WILL BE TAKEN HERE ON THE CLAIM UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS.