B-190655.OM, JUN 18, 1980

B-190655.OM, JUN 18, 1980

SUBJECT: B-190655-O.M., BOWMAN TRANSPORTATION, INC., V. UNITED STATES, CT.CL. NO. 298-78 YOUR REFERENCE Z-2615969

DIRECTOR, CLAIMS GROUP, FGMSD:

BY LETTER OF APRIL 21, 1980, THE DEPARTMENT OF JUSTICE ADVISED THAT UPON PROPER APPLICATION OF THE PLAINTIFF, THE JUDGMENT FOR $15,786.23, ENTERED BY ORDER OF THE COURT OF CLAIMS ON APRIL 18, MAY BE PAID, SINCE THE DEPARTMENT INTENDED TO TAKE NO FURTHER ACTION. THE LETTER OF MAY 5, 1980, FROM PLAINTIFF'S COUNSEL, B. WAYNE VANCE, ESQ., REQUESTING THAT PAYMENT TO PLAINTIFF BE MAILED TO HIM, WAS ACCOMPANIED BY A COPY OF THE JUDGMENT, AND A POWER OF ATTORNEY EXECUTED BY PLAINTIFF'S SECRETARY ON MAY 1, AND AUTHORIZING MR. VANCE TO ACT IN ITS BEHALF IN MATTERS PERTAINING TO PAYMENT.

THE COPY OF THE JUDGMENT APPEARS TO SATISFY THE REQUIREMENTS OF 28 U.S.C. 2517(A) IN THAT IT WAS CERTIFIED BY THE CLERK AND THE CHIEF JUDGE OF THE COURT, AND WE HAVE RECOGNIZED THE FINALITY OF JUDGMENTS ENTERED PURSUANT TO THE PROPER STIPULATION OF THE ATTORNEYS OF RECORD. FURTHER, WHERE THE DEPARTMENT OF JUSTICE STATES THAT IT PROPOSES NO FURTHER PROCEEDINGS, PAYMENT MAY BE CERTIFIED BEFORE THE APPEAL PERIOD RUNS. USUALLY, UNDER SUCH CIRCUMSTANCES, CERTIFICATION OF THE AMOUNT DUE THE JUDGMENT CREDITOR IS PERFORMED AS A MINISTERIAL ACT. SEE B-164766, JUNE 1, 1979.

ACCORDINGLY, IT IS SUGGESTED THAT APPROPRIAE ACTION BE TAKEN BY THE CLAIMS GROUP TO AUTHORIZE PAYMENT OF THE JUDGMENT. THE CHECK IN PAYMENT OF THE JUDGMENT SHOULD BE FORWARDED TO:

B. WAYNE VANCE, ESQ. ALSTON, MILLER & GAINES 1800 M STREET, N.W. SUITE 1000 WASHINGTON, D. C. 20036

THE PAPERS PREVIOUSLY FORWARDED TO US AND FILES Z-2719124 (ESTES EXPRESS LINES) AND Z-2615969, ARE BEING RETURNED. SINCE NO FURTHER ACTION HERE APPEARS NECESSARY, WE ARE CLOSING OUR FILE.