B-134824, JAN. 22, 1958

B-134824: Jan 22, 1958

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LOCKER AND SCHLEZINGER: THERE HAVE BEEN RECEIVED YOUR LETTERS OF OCTOBER 31. IS BASED ON THE SAME STATUTORY PROVISIONS. IT IS NOT OUR PRACTICE TO TAKE ACTION UPON A CLAIM WHICH IS THE SUBJECT OF LITIGATION PENDING IN THE COURT OF CLAIMS AND FINAL ACTION WILL NOT BE TAKEN BY THIS OFFICE ON THE CLAIMS YOU HAVE PRESENTED HERE UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THAT COURT.

B-134824, JAN. 22, 1958

TO FRIEDMAN, LOCKER AND SCHLEZINGER:

THERE HAVE BEEN RECEIVED YOUR LETTERS OF OCTOBER 31, 1957, AND NOVEMBER 5, 1957, PRESENTING CLAIMS ON BEHALF OF MAJOR LOUIS E. FAGAN, JR., AND LIEUTENANT COLONEL CLIFFORD O. HENRY, U.S. MARINE CORPS, RETIRED, RESPECTIVELY, FOR ADDITIONAL RETIRED PAY ALLEGED TO BE DUE THEM INCIDENT TO THEIR MILITARY SERVICE.

PETITION NO. 535-57, NOW PENDING BEFORE THE COURT OF CLAIMS, IS BASED ON THE SAME STATUTORY PROVISIONS, RAISES THE SAME ISSUES AND COVERS THE SAME PERIODS OF TIME AS THOSE INVOLVED IN THE CLAIMS SET FORTH IN YOUR LETTERS OF OCTOBER 31, 1957, AND NOVEMBER 5, 1957. IT IS NOT OUR PRACTICE TO TAKE ACTION UPON A CLAIM WHICH IS THE SUBJECT OF LITIGATION PENDING IN THE COURT OF CLAIMS AND FINAL ACTION WILL NOT BE TAKEN BY THIS OFFICE ON THE CLAIMS YOU HAVE PRESENTED HERE UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THAT COURT.