B-159886, JAN. 13, 1967

B-159886, JAN. 13, 1967

TO MR. ROBERT VOGAL:

WE REFER TO YOUR LETTERS OF SEPTEMBER 28 AND OCTOBER 12, 1966, IN FURTHER REFERENCE TO THE CLAIMS OF CERTAIN GAME MANAGEMENT AGENTS, FISH AND WILDLIFE SERVICE (NOW THE BUREAU OF SPORT FISHERIES AND WILDLIFE), DEPARTMENT OF THE INTERIOR, FOR ADDITIONAL COMPENSATION FOR OVERTIME, HOLIDAY AND NIGHT WORK.

CONCERNING THE CLAIMS OF YOUR CLIENTS IN CONNECTION WITH WHICH YOU HAVE FILED PETITIONS IN THE COURT OF CLAIMS YOU SAY THAT YOU FILED MOTIONS WITH THE COURT TO SUSPEND FURTHER PROCEEDINGS THEREIN PENDING FINAL ACTION BY OUR OFFICE ON THE CLAIMS FILED HERE, AND YOU SUGGEST THAT, IF THE MOTIONS BE GRANTED, WE PROCEED TO THE SETTLEMENT OF THE CLAIMS ON FILE HERE WITHOUT REFERENCE TO THE PENDENCY OF JUDICIAL PROCEEDINGS.

WE ARE INFORMED THAT ON SEPTEMBER 14, 1966, THE COURT DENIED YOUR MOTION TO SUSPEND IN THE CASE OF HARRY T. MALTBY V. UNITED STATES, CT. CL. NO. 189-66. ALSO, WE UNDERSTAND THAT ON NOVEMBER 16, 1966, A SIMILAR MOTION WAS DENIED IN THE CASE OF HARRY A. JENSEN V. UNITED STATES, CT. CL. NO. 132-66. WE ASSUME FROM THE ACTION OF THE COURT IN THOSE CASES THAT THE MOTIONS IN CONNECTION WITH THE OTHER CASES LIKEWISE HAVE BEEN OR WILL BE DENIED.

SINCE THE CASES STILL ARE PENDING BEFORE THE COURT, WE SHALL TAKE NO FURTHER ACTION ON THE CLAIMS HERE UNTIL THE JUDICIAL PROCEEDINGS ARE TERMINATED. 8 COMP. DEC. 841; 33 COMP. GEN. 479, 481.

IN VIEW OF THE PRESENT STATUS OF THE MATTER, WE DO NOT BELIEVE THAT A CONFERENCE WOULD SERVE ANY USEFUL PURPOSE AT THIS TIME.