B-63549, SEP. 28, 1962

B-63549, SEP. 28, 1962

TO COMMANDER ALBERT G. BERRY, JR., USMR, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19, 1962, IN WHICH YOU SAY THAT YOU BELIEVE YOU ARE ENTITLED TO INTEREST ON THE AMOUNTS ALLOWED TO YOU IN ACCORDANCE WITH JUDGMENT ENTERED BY THE COURT OF CLAIMS ON OCTOBER 13, 1961, IN THE CASE OF ALBERT G. BERRY, JR., AND JOHN D. SMALL V. UNITED STATES, CT.CL. NO. 108-59, AS ADDITIONAL RETIRED PAY FOR THE PERIOD FROM OCTOBER 8, 1952, TO JUNE 30, 1961.

SECTION 2516 (A) OF TITLE 28, U.S.C. PROVIDES THAT INTEREST ON A CLAIM AGAINST THE UNITED STATES SHALL BE ALLOWED IN A JUDGMENT OF THE COURT OF CLAIMS "ONLY UNDER A CONTRACT OR ACT OF CONGRESS EXPRESSLY PROVIDING FOR PAYMENT THEREOF.' THAT SECTION EMBODIES THE TRADITIONAL RULE THAT INTEREST ON CLAIMS AGAINST THE UNITED STATES CANNOT BE RECOVERED EXCEPT WHERE SUCH INTEREST IS EXPRESSLY PROVIDED FOR IN A RELEVANT STATUTE OR IS STIPULATED IN A LEGAL AND PROPER CONTRACT. UNITED STATES V. THAYER-WEST POINT HOTEL CO., 329 U.S. 585 (1947). THE UNITED STATES COURT OF APPEALS, SECOND CIRCUIT, IN THE CASE OF UNITED STATES V. EASTPORT STEAMSHIP CORPORATION, 255 F.2D 795 (1958), CITED THE CASE OF UNITED STATES V. NEW YORK RAYON IMPORTING CO., 329 U.S. 654 (1947), AND STATED THAT THE SUPREME COURT THERE HELD THAT THE PREDECESSOR OF 28 U.S.C. 2516 (A) APPLIED NOT ONLY TO ORIGINAL CLAIMS AGAINST THE UNITED STATES BUT ALSO TO JUDGMENTS OBTAINED AGAINST IT IN THE COURT OF CLAIMS.

WE KNOW OF NO AUTHORITY FOR THE PAYMENT OF INTEREST ON THE AMOUNTS ALLOWED TO YOU AS ADDITIONAL ..END :