B-136730, NOV. 8, 1963
Highlights
TO MISS ZELMA COOLIDGE: REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 9. THE ITEMS OF THIS CLAIM HAVE BEEN CONSIDERED BY OUR OFFICE ON SEVERAL PREVIOUS OCCASIONS. A SIMILAR CLAIM INVOLVING THE SAME MATTERS WAS FILED BY YOU ON MAY 9. THE RECORD SHOWS THAT ON THE NOTION OF THE DEFENDANT FOR SUMMARY JUDGMENT THE PETITION WAS DISMISSED BY ORDER OF THE COURT ON JUNE 30. SINCE THAT ORDER FULLY ADJUDICATED THE ISSUES BETWEEN THE PARTIES AND NO FURTHER JUDICIAL PROCEEDINGS WERE TAKEN IN THE CASE. THE MATTER IS NOW RES JUDICATA AND UNDER THE PROVISIONS OF 28 U.S.C. 2519. FURTHER CONSIDERATION BY THIS OFFICE IS BARRED BY THE COURT OF CLAIMS DECISION. WITH REGARD TO YOUR INTEREST IN A LETTER WE MAY HAVE WRITTEN TO THE OFFICE OF THE JUDGE ADVOCATE GENERAL.
B-136730, NOV. 8, 1963
TO MISS ZELMA COOLIDGE:
REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 9, 20 AND 27, 1963, AND ENCLOSURES, RELATIVE TO A CLAIM IN BEHALF OF YOUR MOTHER, MRS. LILLIAN NORA COOLIDGE, FOR SUNDRY ITEMS INCLUDING PAY AND ALLOWANCES ALLEGED TO BE DUE HER SON, THOMAS JEFFERSON COOLIDGE, UNITED STATES NAVY, WHO DIED DECEMBER 15, 1944. THE ITEMS OF THIS CLAIM HAVE BEEN CONSIDERED BY OUR OFFICE ON SEVERAL PREVIOUS OCCASIONS.
A SIMILAR CLAIM INVOLVING THE SAME MATTERS WAS FILED BY YOU ON MAY 9, 1960, IN THE UNITED STATES COURT OF CLAIMS (LILLIAN NORA COOLIDGE V. UNITED STATES, CT.CL. NO. 173-60). THE RECORD SHOWS THAT ON THE NOTION OF THE DEFENDANT FOR SUMMARY JUDGMENT THE PETITION WAS DISMISSED BY ORDER OF THE COURT ON JUNE 30, 1961. SINCE THAT ORDER FULLY ADJUDICATED THE ISSUES BETWEEN THE PARTIES AND NO FURTHER JUDICIAL PROCEEDINGS WERE TAKEN IN THE CASE, IT CONSTITUTED A FINAL JUDGMENT AGAINST THE PLAINTIFF (YOUR MOTHER) ON THOSE ISSUES. SECTION 2519 OF TITLE 28 OF THE U.S.C. PROVIDES THAT "A FINAL JUDGMENT OF THE COURT OF CLAIMS AGAINST ANY PLAINTIFF SHALL FOREVER BAR ANY FURTHER CLAIM, SUIT, OR DEMAND AGAINST THE UNITED STATES ARISING OUT OF THE MATTERS INVOLVED IN THE CASE OR CONTROVERSY.' THEREFORE, THE MATTER IS NOW RES JUDICATA AND UNDER THE PROVISIONS OF 28 U.S.C. 2519, FURTHER CONSIDERATION BY THIS OFFICE IS BARRED BY THE COURT OF CLAIMS DECISION.
WITH REGARD TO YOUR INTEREST IN A LETTER WE MAY HAVE WRITTEN TO THE OFFICE OF THE JUDGE ADVOCATE GENERAL, YOU ARE ADVISED THAT NO REPLY HAS BEEN MADE TO A LETTER DATED SEPTEMBER 17, 1963, FROM THAT OFFICE TRANSMITTED TO US THROUGH THE U.S. NAVY FINANCE CENTER, CLEVELAND 14, OHIO, RELATIVE TO YOUR MOTHER'S ENTITLEMENT TO FAMILY ALLOWANCE BENEFITS. IN FORWARDING THE LETTER HERE THE NAVY FINANCE CENTER DETERMINED THAT YOUR MOTHER IS NOT ENTITLED TO FAMILY ALLOWANCE BENEFITS. IN OUR DECISION TO YOU DATED MAY 5, 1959, B-136730, COPY ENCLOSED, WE HELD THAT YOUR MOTHER WAS NOT ENTITLED TO FAMILY ALLOWANCE BENEFITS INCIDENT TO THE SERVICE OF YOUR BROTHER IN THE NAVY. MOREOVER, IN VIEW OF THE DECISION OF THE COURT OF CLAIMS WHICH INCLUDED YOUR MOTHER'S CLAIM FOR SUCH BENEFITS THE MATTER IS NOW RES JUDICATA AND WE ARE PRECLUDED BY THE PROVISIONS OF 28 U.S.C. 2519 FROM GIVING IT FURTHER CONSIDERATION.
HOWEVER, EVEN IF THE MATTER WERE NOT RES JUDICATA THERE WOULD BE NO BASIS FOR MODIFYING OUR PREVIOUS CONCLUSIONS WITH RESPECT TO THE ALLOWANCE.