B-127411, APR. 20, 1956

B-127411, APR. 20, 1956

TO MR. FRANK L. WALTERS, ATTORNEY AT LAW:

REFERENCE IS MADE TO YOUR RECENT LETTERS CONCERNING THE PAYMENT OF INTEREST ON THE JUDGMENT RENDERED JANUARY 11, 1955, AS AMENDED, IN THE CASE OF CAROL M. HALVERSON, ET AL. V. UNITED STATES, IN THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WASHINGTON, NORTHERN DIVISION, CIVIL ACTION NO. 1078.

BY OUR SETTLEMENT OF FEBRUARY 27, 1956, INTEREST WAS ALLOWED ON THE PRINCIPAL AMOUNT OF THE JUDGMENT, $4,662, AT THE RATE OF 4 PERCENTUM PER ANNUM, FROM THE DATE OF RENDITION OF THE JUDGMENT JANUARY 11, 1955, TO THE DATE OF PAYMENT THEREOF, FEBRUARY 29, 1956. YOU NOW STATE THAT UNDER THE STIPULATION ENTERED INTO WITH THE UNITED STATES ATTORNEY DATED JULY 29, 1955, AND THE AMENDING ORDER ENTERED PURSUANT THERETO, INTEREST AT THE RATE OF 6 PERCENTUM PER ANNUM SHOULD ACCRUE ON THE PRINCIPAL SUM OF THE JUDGMENT FROM MAY 21, 1951, TO JANUARY 11, 1955, AND THEREAFTER AT THE RATE OF 4 PERCENTUM PER ANNUM IN ACCORDANCE WITH 28 U.S.C. 2411 (B).

THE DEPARTMENT OF JUSTICE IN REPORTING THE JUDGMENT TO THE DEPARTMENT OF THE TREASURY FOR THE PURPOSE OF OBTAINING AN APPROPRIATION TRANSMITTED CERTIFIED COPIES OF THE FINAL JUDGMENT, THE STIPULATION AND AMENDING ORDER, AND THE MEMORANDUM OF COSTS. AN APPROPRIATION FOR THE PAYMENT OF THE JUDGMENT AS REPORTED TO THE CONGRESS IN HOUSE OF REPRESENTATIVES DOCUMENT NO. 327, 84TH CONGRESS, AT PAGE 36, WAS INCLUDED IN THE URGENT DEFICIENCY APPROPRIATION ACT, 1956, PUBLIC LAW 406, APPROVED FEBRUARY 14, 1956. HOWEVER, AS REPORTED, THE HOUSE DOCUMENT PROVIDES ONLY $4,662 PRINCIPAL AND $50 COSTS. THOSE AMOUNTS, ASIDE FROM THE STATUTORY INTEREST ON THE PRINCIPAL PROVIDED BY 28 U.S.C. 2411 (B), ARE ALL THAT OUR OFFICE IS AUTHORIZED TO PAY UNDER THE APPROPRIATION ACT TO WHICH REFERENCE IS MADE ABOVE.

THE QUESTION WHETHER INTEREST UNDER THE STIPULATION AND AMENDING ORDER IS PAYABLE ON THE PRINCIPAL SUM OF THE JUDGMENT FROM MAY 21, 1951, TO JANUARY 11, 1955, AT THE RATE OF 6 PERCENTUM PER ANNUM WOULD APPEAR TO BE ONE FOR RESOLUTION BETWEEN YOU AND THE DEPARTMENT OF JUSTICE WITH PERHAPS A CLARIFYING COURT ORDER.

CHECK NO. 11,653,403 DATED FEBRUARY 29, 1956, DRAWN FOR $4,923.45 TO THE ORDER OF CARL M. HALVORSON, R. HALVORSON, AND FIRST NATIONAL BANK OF PORTLAND, OREGON, A CORPORATION, EXECUTOR OF THE ESTATE OF HOWARD HALVERSON, DECEASED, BY JULIAN F. CANNON, SYMBOL 300, RETURNED WITH YOUR LETTER OF MARCH 5, 1956, IS TRANSMITTED HEREWITH AND MAY BE NEGOTIATED WITHOUT PREJUDICE TO A SUPPLEMENTAL CLAIM.

WITH REGARD TO YOUR REQUEST THAT THE CHECK ISSUED IN PAYMENT OF THE JUDGMENT BE DRAWN TO YOUR ORDER PERSONALLY, ATTENTION IS INVITED TO SECTION 203, TITLE 31, OF THE UNITED STATES CODE.