B-137076, AUG. 14, 1961

B-137076: Aug 14, 1961

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DOHERTY: REFERENCE IS MADE TO YOUR LETTER OF JULY 18. THE DEFENDANT'S NOTION FOR SUMMARY JUDGMENT WAS GRANTED ON JANUARY 20. THE PLAINTIFF'S MOTION WAS GRANTED ON JULY 12. WAS VACATED AND WITHDRAWN.

B-137076, AUG. 14, 1961

TO MR. CORNELIUS H. DOHERTY:

REFERENCE IS MADE TO YOUR LETTER OF JULY 18, 1961, RELATIVE TO THE CLAIM OF MARY R. PALMER, AS ADMINISTRATRIX OF THE ESTATE OF JAMES C. PALMER, DECEASED, FOR DISABILITY RETIRED PAY ALLEGED TO BE DUE THE DECEDENT'S ESTATE FOR THE PERIOD FROM JULY 1, 1948, UNTIL THE DATE OF HIS DEATH ON MARCH 23, 1958, UNDER THE PROVISIONS OF THE ACT OF APRIL 3, 1939, AS AMENDED, 10 U.S.C. 456.

IN THE CASE FILED BY THE ADMINISTRATRIX IN THE COURT OF CLAIMS ON AUGUST 5, 1958, NO. 356-58, THE DEFENDANT'S NOTION FOR SUMMARY JUDGMENT WAS GRANTED ON JANUARY 20, 1960. IT APPEARS THAT THIS CASE AGAIN CAME BEFORE THE COURT ON THE PLAINTIFF'S MOTION FILED MARCH 6, 1961, FOR RELIEF FROM THE JUDGMENT OF DISMISSAL ENTERED PURSUANT TO THE COURT'S OPINION OF JANUARY 20, 1960. ON THE BASIS OF THE COURT'S DECISION IN THE CASE OF WATMAN V. UNITED STATES, NO. 189-59, DECIDED MARCH 1, 1961, THE PLAINTIFF'S MOTION WAS GRANTED ON JULY 12, 1961, AND THE JUDGMENT OF JANUARY 20, 1960, WAS VACATED AND WITHDRAWN.

IT FURTHER APPEARS THAT A MOTION TO DISMISS THE COURT ACTION HAS BEEN FILED WITH THE DEPARTMENT OF JUSTICE, TO BE HELD IN ESCROW PENDING SETTLEMENT OF THE CLAIM HERE. YOU REQUEST TO BE ADVISED WHETHER, ON THE BASIS OF THE COURT'S ACTION IN THE WATMAN CASE, IT WOULD BE POSSIBLE TO REOPEN THE CLAIM OF PALMER IN THIS OFFICE AND TO DISPOSE OF THE MATTER WITHOUT FURTHER ACTION IN COURT.

IN THE CIRCUMSTANCES, IT IS DEEMED PROPER TO GIVE FURTHER CONSIDERATION TO THE PALMER CLAIM FOR THE PERIOD JULY 1, 1948, TO MARCH 23, 1958, AND INSTRUCTIONS TO THAT EFFECT ARE BEING ISSUED TO ..END :