B-97757 October 24, 1950

B-97757: Oct 24, 1950

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Slamway: Reference is made to your letters of July 26. You state that judgment in behalf of the plaintiff and against the Government was rendered on November 8. Interest should have been computed from that date rather than from August 4. It is urged that inasmuch as 28 U.S. Additional interest should have been computed after June 29. Brooks was riding and that the District Court of the United States for the Eastern District of North Carolina awarded a judgment on November 8. Such judgment was reversed by the Circuit Court of Appeals for the Fourth Circuit on August 26. Apparently it is your view that inasmuch as the earlier judgment of the District Court subsequently was modified and affirmed by the Circuit Court of Appeals such earlier judgment constituted a final judgment within the review of such provision of law.

B-97757 October 24, 1950

Attorneys

Mr. W.S. Slamway, Attorney at Law 1104 Johnston Building Charlotte, North Carolina

Dear Mr. Slamway:

Reference is made to your letters of July 26, and August 2, 1950, questioning the amount of interest included in settlement No. 1860921 dated July 19, 1950, in payment of judgment in the amount of $24,957 in the case of Jeremy L. Brooks, Administrator of the Estate of Arthur L. Brooks, deceased v. United States.

You state that judgment in behalf of the plaintiff and against the Government was rendered on November 8, 1947, and consequently, interest should have been computed from that date rather than from August 4, 1949. Also, it is urged that inasmuch as 28 U.S. Code 2411 provides that interest shall be calculated up to thirty days after the date of the approval of the appropriation act providing for payment of the judgment, additional interest should have been computed after June 29, 1950, the date of the Beneficiary Appropriation Act, 1950. 64 Stat. 275.

The record discloses that the death of Arthur L. Brooks resulted from injuries received when a vehicle belonging to the Department of the Army collided with the vehicle in which Mr. Brooks was riding and that the District Court of the United States for the Eastern District of North Carolina awarded a judgment on November 8, 1947, in favor of your claim in the amount of $25,425. However, such judgment was reversed by the Circuit Court of Appeals for the Fourth Circuit on August 26, 1946. United States v. Brooks (two cases) 169L. Ed 640. Subsequently, by decision of March 2, 1949, the Supreme Court of the United States reversed the judgment of the Circuit Court of Appeals and returned the case to that court for further consideration. Brooks v. United States, 337 U.S. 49. The Circuit Court of Appeals by decision of August 4, 1949, reduced the amount of the judgment to $24957, and as this modified, affirmed the earlier decision of the District Court. United States v. Brooks, 176, 26 482.

20 U.S. Code 2411(b) authorizes the payment of interest on all final judgments rendered against the United states in the nations instituted under section 1346 of such title. Apparently it is your view that inasmuch as the earlier judgment of the District Court subsequently was modified and affirmed by the Circuit Court of Appeals such earlier judgment constituted a final judgment within the review of such provision of law. This Office is in agreement with such view, and you are advised that a supplemental settlement will be issued covering the payment of interest for the period involved.

Also, you are advised that inasmuch as the cited code provision authorizes the payment of interest up to thirty days from the date of approval of the appropriation set providing for payment of the judgment, and since payment was made within such thirty-day period, interest will be included in the supplemental settlement up to the date of the original payment.

Very truly yours,

(Signed) LINDSAY C. WARREN Comptroller General of the United States