B-176147 July 5, 1972

B-176147: Jul 5, 1972

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Scott: Reference is made to your letters of June 7. Requesting that we again reconsider your claim for damages to citrus groves alleged to have occurred during the 1923 spraying operations by the United States to control the Medfly. Your claim for damages is one sounding in tort and out Office has no jurisdiction over the adjudication of tort claims against the United States which do not arise from actions taken by our own employees. The General Accounting Office is bound by the provisions of 31 U.S.C. 71a (copy enclosed) which requires that any claim cognizable by this Office must be received within ten years after the date such claim first accrued. Is returned as requested.

B-176147 July 5, 1972

Mr. Wynn W. Scott 1098 34th Avenue, North St. Petersburg, Florida 33704

Dear Mr. Scott:

Reference is made to your letters of June 7, 1972, May 27, 1972, and April 10, 1972, requesting that we again reconsider your claim for damages to citrus groves alleged to have occurred during the 1923 spraying operations by the United States to control the Medfly.

As previously stated in our disallowance of your claim dated September 8, 1969, your claim for damages is one sounding in tort and out Office has no jurisdiction over the adjudication of tort claims against the United States which do not arise from actions taken by our own employees.

Furthermore, the General Accounting Office is bound by the provisions of 31 U.S.C. 71a (copy enclosed) which requires that any claim cognizable by this Office must be received within ten years after the date such claim first accrued. Therefore, even if we had jurisdiction over tort claims-- which we do not-- your claim would be clearly barred by the ten-year statute of limitations.

Accordingly, the settlement of September 8, 1969, disallowing your claim, upon review, must be affirmed.

The enclosures received with your letter of May 27, 1972, is returned as requested.

Very truly yours,

R. F. Keller Deputy Comptroller General of the United States