B-142758, MAY 13, 1965
Highlights
WAS NOT CONCERNED WITH YOUR SUIT IN THE COURT OF CLAIMS NO. 206- 61. THE RECORD HERE SHOWS THAT YOU WERE ENGAGED BY THE LANDS DIVISION. TO RENDER SERVICES AS AN APPRAISER FOR 60 DAYS AT THE RATE OF $75 PER DAY AND THAT SUCH SERVICES WERE RENDERED MARCH 4 TO JUNE 1. PAYMENT WAS MADE TO YOU THEREFOR IN THE AMOUNT OF $4. YOU SUBMITTED A BID TO RENDER SERVICES FOR 95 ADDITIONAL DAYS AT $75 PER DAY WHICH BID WAS NEVER ACCEPTED BY THE DEPARTMENT OF JUSTICE. IT IS UNDERSTOOD THAT YOU AGREE THAT YOUR BID WAS NEVER FORMALLY ACCEPTED. THAT YOU WERE AUTHORIZED TO PERFORM THE SERVICES BY REPRESENTATIVES OF THE LANDS DIVISION. WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 14. YOUR PRESENT ADDITIONAL CLAIM IS FOR $7.
B-142758, MAY 13, 1965
TO MR. WALDEMAR THOMPSON:
YOUR LETTER OF MARCH 29, 1965, POINTS OUT THAT THE SUBJECT MATTER OF YOUR LETTER OF JANUARY 27, 1965, TO WHICH WE REPLIED ON FEBRUARY 12, 1965, B- 142758, WAS NOT CONCERNED WITH YOUR SUIT IN THE COURT OF CLAIMS NO. 206- 61, BUT RATHER REPRESENTS A NEW CLAIM.
THE RECORD HERE SHOWS THAT YOU WERE ENGAGED BY THE LANDS DIVISION, DEPARTMENT OF JUSTICE, TO RENDER SERVICES AS AN APPRAISER FOR 60 DAYS AT THE RATE OF $75 PER DAY AND THAT SUCH SERVICES WERE RENDERED MARCH 4 TO JUNE 1, 1959. PAYMENT WAS MADE TO YOU THEREFOR IN THE AMOUNT OF $4,500 AS AGREED UPON. THE RECORD FURTHER SHOWS THAT ON MAY 1, 1959, YOU SUBMITTED A BID TO RENDER SERVICES FOR 95 ADDITIONAL DAYS AT $75 PER DAY WHICH BID WAS NEVER ACCEPTED BY THE DEPARTMENT OF JUSTICE, AND IT IS UNDERSTOOD THAT YOU AGREE THAT YOUR BID WAS NEVER FORMALLY ACCEPTED. YOU SAY, HOWEVER, THAT YOU WERE AUTHORIZED TO PERFORM THE SERVICES BY REPRESENTATIVES OF THE LANDS DIVISION, DEPARTMENT OF JUSTICE, LOS ANGELES.
YOUR CLAIM FOR $7,125, 95 DAYS AT $75 PER DAY, WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 14, 1960. WE AFFIRMED OUR DISALLOWANCE OF YOUR CLAIM BY OUR DECISION OF MAY 17, 1960, B-142758, TO YOU. AS A RESULT YOU FILED SUIT ON MAY 26, 1961, IN THE COURT OF CLAIMS, NO. 206-61, THEREFOR.
YOUR PRESENT ADDITIONAL CLAIM IS FOR $7,750, WHICH YOU SAY IS SEPARATE FROM YOUR SUIT IN THE COURT OF CLAIMS, REFERRED TO ABOVE. THIS CLAIM, WHICH IS BASED ON YOUR VIEW THAT THE GOVERNMENT WAS AUTHORIZED TO PAY $125 PER DAY FOR EXPERT WITNESSES IN CONDEMNATION CASES, IS FOR THE DIFFERENCE BETWEEN THAT FIGURE AND THE $75 PER DAY. WE NOTE THAT YOUR ADDITIONAL CLAIM COVERS 155 DAYS COMPRISED OF THE 60 DAYS FOR WHICH YOU HAVE ALREADY BEEN PAID AT THE RATE OF $75 PER DAY AND THE 95 DAYS INVOLVED IN THE ABOVE REFERRED-TO SUIT. SUCH CLAIM HAS BEEN DENIED BY THE DEPARTMENT OF JUSTICE. BASICALLY PART OF YOUR ADDITIONAL CLAIM IS RELATED TO THAT CONTAINED IN YOUR SUIT.
ACCOUNTING OFFICERS OF THE GOVERNMENT CONSISTENTLY HAVE REFUSED TO CONSIDER ANY CLAIM AGAINST THE UNITED STATES CONNECTED WITH PENDING LITIGATION IN THE COURTS. 33 COMP. GEN. 479, 481. IN VIEW OF THE FOREGOING NO ACTION CAN NOW BE TAKEN BY OUR OFFICE ON YOUR ADDITIONAL CLAIM.