B-134121, NOV. 7, 1957

B-134121: Nov 7, 1957

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OUR AUTHORITY TO REFER CASES TO THE COURT OF CLAIMS IS CONTAINED IN SECTION 2510 OF TITLE 28 OF THE U.S.C. WHICH IS REPORTED AT 133 C.CLS. 963. DISCLOSES THAT THE MATTER WAS CONSIDERED BY THE COURT OF CLAIMS AND DISMISSED ON NOVEMBER 8. YOUR REQUEST FOR CERTIORARI WAS DENIED BY THE SUPREME COURT OF THE UNITED STATES ON JANUARY 9. WE HAVE NO AUTHORITY UNDER SECTION 2510 TO AGAIN REFER THE MATTER TO THE COURT OF CLAIMS.

B-134121, NOV. 7, 1957

TO MISS CAROLINE MCDONALD WISMILLER:

YOUR LETTER OF OCTOBER 4, 1957, ACKNOWLEDGED OCTOBER 16, REQUESTS THAT WE FILE THE ABOVE-CAPTIONED CASES WITH THE CLERK OF THE COURT OF CLAIMS AS A REFERENCE CASE.

OUR AUTHORITY TO REFER CASES TO THE COURT OF CLAIMS IS CONTAINED IN SECTION 2510 OF TITLE 28 OF THE U.S.C. WHICH PROVIDES AS FOLLOWS:

"THE COMPTROLLER GENERAL MAY TRANSMIT TO THE COURT OF CLAIMS FOR TRIAL AND ADJUDICATION ANY CLAIM OR MATTER OF WHICH THE COURT OF CLAIMS MIGHT TAKE JURISDICTION ON THE VOLUNTARY ACTION OF THE CLAIMANT, TOGETHER WITH ALL VOUCHERS, PAPERS, DOCUMENTS, AND PROOFS PERTAINING THERETO.

"THE COURT OF CLAIMS SHALL PROCEED WITH THE CLAIMS OR MATTERS SO REFERRED AS IN OTHER CASES PENDING IN SUCH COURT AND SHALL RENDER JUDGMENT THEREON.'

AN EXAMINATION OF YOUR CASE CITED ABOVE, WHICH IS REPORTED AT 133 C.CLS. 963, DISCLOSES THAT THE MATTER WAS CONSIDERED BY THE COURT OF CLAIMS AND DISMISSED ON NOVEMBER 8, 1955, FOR LACK OF JURISDICTION. YOUR REQUEST FOR CERTIORARI WAS DENIED BY THE SUPREME COURT OF THE UNITED STATES ON JANUARY 9, 1956, 350 U.S. 936.

SINCE YOUR CLAIM ALREADY HAS BEEN CONSIDERED NOT ONLY BY THE UNITED STATES COURT OF CLAIMS BUT BY THE SUPREME COURT OF THE UNITED STATES, WE HAVE NO AUTHORITY UNDER SECTION 2510 TO AGAIN REFER THE MATTER TO THE COURT OF CLAIMS.