B-143278, DEC. 29, 1960

B-143278, DEC. 29, 1960

TO W. S. NORTHCUTT, ESQUIRE:

ON DECEMBER 8, 1960, YOU REQUESTED CERTAIN INFORMATION REGARDING THE CLAIM OF YOUR CLIENT, ALFRED H. BANKS, FATHER OF HENRY BANKS, DECEASED, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, ATLANTA GENERAL DEPOT, FOR THE AMOUNT DUE THE DECEASED AT THE TIME OF HIS DEATH.

THE AMOUNT DUE THE PERSON ENTITLED TO PAYMENT UNDER THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F-K--- UNPAID COMPENSATION AS DEFINED BY SECTION 2 OF THAT ACT--- IS $1,928.56. YOUR DESCRIPTION OF THAT AMOUNT SEEMS TO BE SUFFICIENT AS DOES YOUR DESIGNATION OF THE AMOUNT DUE FROM THE RETIREMENT FUND OF THE DECEASED. WE ARE NOT AWARE OF ANY OTHER PAYMENT DUE FROM THE GOVERNMENT TO THE REPRESENTATIVE OF THE DECEASED SINCE IT APPEARS THAT PAYMENT OF BENEFITS UNDER THE FEDERAL EMPLOYEES' GROUP LIFE INSURANCE ACT HAS BEEN MADE.

REGARDING YOUR PROPOSAL THAT SUIT BE INSTITUTED IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA TO DETERMINE WHETHER ALFRED H. BANKS OR RUBY GALES BANKS, ALLEGED WIDOW OF THE DECEASED, IS ENTITLED TO THE AMOUNTS DUE FROM THE GOVERNMENT, WE DIRECT YOUR ATTENTION TO 28 U.S.C. 1346 (D). THAT PROVISION EXCLUDES FROM JURISDICTION OF THE DISTRICT COURTS SUITS BY OFFICERS OR EMPLOYEES OF THE UNITED STATES TO RECOVER FEES, SALARY, OR COMPENSATION FOR OFFICIAL SERVICES. SEE BRUNER V. UNITED STATES, 343 U.S. 112; MILLER V. UNITED STATES, 133 F.SUPP. IT SEEMS, THEREFORE, THAT THE UNITED STATES COURT OF CLAIMS HAS SOLE JURISDICTION OVER THE PROPOSED ACTION.

WE NOTE, HOWEVER, THAT THE DECISION OF A GEORGIA COURT OF COMPETENT JURISDICTION DETERMINING WHETHER RUBY GALES BANKS IS THE WIDOW OF THE DECEASED, WOULD BE EVIDENCE UPON WHICH SETTLEMENT OF THE CLAIM OF YOUR CLIENT COULD BE MADE EVEN THOUGH THE SUM CLAIMED WOULD NOT BE INVOLVED IN AN ACTION IN SUCH COURT.