B-180864, JUN 26, 1974
Highlights
THE CASE WAS ORIGINALLY FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK. THE CASE WAS REVERSED AND REMANDED TO THE DISTRICT COURT FOR TRIAL. THE CASE WAS NEVER TRIED ON ITS MERITS. A STIPULATION WAS ENTERED INTO ON OCTOBER 10. THE CASE WAS THEN DISMISSED WITH PREJUDICE BY THE COURT ON JANUARY 31. WE HAVE BEEN INFORMALLY ADVISED BY THE UNITED STATES TREASURY DEPARTMENT THAT A CHECK. WAS ISSUED APRIL 30. DIBELLO HAVE NOT RECEIVED YOUR CHECK. IT IS UNFORTUNATE THAT YOUR CLAIM WAS NOT ORIGINALLY IDENTIFIED WITH THE COURT CASE. IT WAS NOT UNTIL AFTER WE RECEIVED A REPORT FROM THE ADMINISTRATIVE OFFICE THAT WE HAD REQUESTED AS THE RESULT OF YOUR LETTER OF FEBRUARY 4.
B-180864, JUN 26, 1974
PRECIS-UNAVAILABLE
TO MR. ROY J. ROSSELL:
THIS REFERS FURTHER TO YOUR LETTER OF FEBRUARY 4, 1974, CONCERNING YOUR CLAIM FOR BACK WAGES AND HAZARD PAY AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY IN THE COLOR DEVELOPING UNIT, ARMY PICTORIAL CENTER.
YOU FORWARDED A COPY OF THE OPINION OF THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, NO. 208 - SEPTEMBER TERM, 1970, ARGUED NOVEMBER 12, 1970, DECIDED DECEMBER 29, 1970, DOCKET NO. 35154 OF ROY J. ROSSELL AND JERRY G. DIBELLO V. RESOR ET AL., FOR OUR CONSIDERATION AND REVIEW. THE CASE WAS ORIGINALLY FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, CIVIL ACTION FILE NO. 65C 1087, OCTOBER 22, 1965, BY YOU AND JERRY G. DIBELLO FOR LOSS OF SALARY INCIDENT TO AN ALLEGED REDUCTION IN FORCE OCCURRING IN 1964 AT THE ARMY PICTORIAL CENTER, LONG ISLAND, NEW YORK. THE ACTION IN THE DISTRICT COURT RESULTED IN A SUMMARY JUDGMENT IN FAVOR OF THE GOVERNMENT. ON APPEAL TO THE COURT OF APPEALS (SECOND CIRCUIT), THE CASE WAS REVERSED AND REMANDED TO THE DISTRICT COURT FOR TRIAL. THE CASE WAS NEVER TRIED ON ITS MERITS, BUT A STIPULATION WAS ENTERED INTO ON OCTOBER 10, 1972, BETWEEN ROY J. ROSSELL AND JERRY G. DIBELLO, PLAINTIFFS, AND STANLEY RESOR, ET AL., DEFENDANTS, AND APPROVED BY THE COURT ON JANUARY 31, 1973. THE CASE WAS THEN DISMISSED WITH PREJUDICE BY THE COURT ON JANUARY 31, 1973.
THE STIPULATION PROVIDED THAT THE DEFENDANTS WOULD PAY TO THE PLAINTIFFS, ROY J. ROSSELL AND JERRY G. DIBELLO, THE SUM OF $4,000 WITHOUT INTEREST, IN FULL SETTLEMENT AND DISCHARGE OF ANY AND ALL OF THEIR SEVERAL CLAIMS, DEMANDS, OR CAUSE OF ACTION ON BEHALF OF THEMSELVES INDIVIDUALLY, AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, OR ASSIGNS, AGAINST THE DEFENDANTS FOR DAMAGES ON ACCOUNT OF THE ALLEGED WRONGFUL REDUCTION IN FORCE OCCURRING IN NOVEMBER 1964 AT THE ARMY PICTORIAL CENTER, LONG ISLAND, NEW YORK, TOGETHER WITH ALL DAMAGES OF AN ACTUAL OR COMPENSATORY NATURE RESULTING FROM SAID REDUCTION IN FORCE.
ON APRIL 23, 1973, OUR TRANSPORTATION AND CLAIMS DIVISION ISSUED A CERTIFICATE OF SETTLEMENT, CLAIM NO. Z-2509236, AUTHORIZING THE UNITED STATES TREASURY DEPARTMENT TO ISSUE A CHECK IN THE AMOUNT OF $4,000 TO ROY J. ROSSELL AND JERRY G. DIBELLO. WE HAVE BEEN INFORMALLY ADVISED BY THE UNITED STATES TREASURY DEPARTMENT THAT A CHECK, NO. 63625192, WAS ISSUED APRIL 30, 1973, IN THE AMOUNT OF $4,000 TO PAYEES ROY J. ROSSELL AND JERRY G. DIBELLO, C/O MR. ROBERT A. MORSE, UNITED STATES ATTORNEY, BROOKLYN, NEW YORK 11201, ATTN: MR. WILLIAM E. DERTINGER, AUSA. IF YOU AND MR. DIBELLO HAVE NOT RECEIVED YOUR CHECK, WE SUGGEST YOU CONTACT THE UNITED STATES ATTORNEY'S OFFICE.
IT IS UNFORTUNATE THAT YOUR CLAIM WAS NOT ORIGINALLY IDENTIFIED WITH THE COURT CASE. HOWEVER, IT WAS NOT UNTIL AFTER WE RECEIVED A REPORT FROM THE ADMINISTRATIVE OFFICE THAT WE HAD REQUESTED AS THE RESULT OF YOUR LETTER OF FEBRUARY 4, 1974, THAT WE WERE ABLE TO IDENTIFY YOUR CLAIM WITH THE COURT CASE AND MAKE A DETERMINATION THAT THE CLAIM HAD BEEN SETTLED BY THE COURTS.