B-135719, APR. 22, 1964
Highlights
ATTORNEYS: REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 26. INSTRUCTIONS ARE BEING ISSUED TODAY TO OUR CLAIMS DIVISION THAT NO FURTHER COLLECTION ACTION SHOULD BE TAKEN IN THIS MATTER.
B-135719, APR. 22, 1964
TO EMERY AND WOOD, ATTORNEYS:
REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 26, 1962, AND NOVEMBER 7, 1963, CONCERNING THE AMOUNT OF $4,042.38, IMPROPERLY PAID TO MR. NATHAN REED WARTHEN AS RETIREMENT PAY UNDER TITLE III, ACT OF JUNE 29, 1948, CH. 708, 62 STAT. 1087-1091, 10 U.S.C. 1331-1337, 1401, FOR THE PERIOD AUGUST 4, 1955, TO MARCH 31, 1959, INCLUSIVE.
IN CONJUNCTION WITH THE DEPARTMENT OF JUSTICE IT HAS BEEN CONCLUDED THAT, IN VIEW OF THE HISTORY OF THE LITIGATION IN THE TWO CASES FILED BY MR. WARTHEN IN THE COURT OF CLAIMS (AS PLAINTIFF NO. 5 IN BOWMAN, ET AL. V. UNITED STATES, 144 C.CL. 448 (1959), AND PETITION NO. 311-60, DECIDED JUNE 6, 1962), RULE 17 (A) OF THE UNITED STATES COURT OF CLAIMS WOULD APPEAR TO PRECLUDE RECOVERY OF THE ERRONEOUS PAYMENT. ACCORDINGLY, INSTRUCTIONS ARE BEING ISSUED TODAY TO OUR CLAIMS DIVISION THAT NO FURTHER COLLECTION ACTION SHOULD BE TAKEN IN THIS MATTER.