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JR.: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 5. WE WERE NOTIFIED THAT YOU HAD FILED A PETITION ON MAY 13. UPON REVIEWING THE MATTER IT APPEARS THAT THE ISSUES RAISED IN THE PETITION ARE THE SAME AS THOSE CONTAINED IN YOUR CLAIM BEFORE THIS OFFICE. IT HAS LONG BEEN THE POLICY OF THIS OFFICE TO DECLINE TO RULE ON ISSUES INVOLVED IN CASES WHICH ARE UNDER LITIGATION IN THE COURTS. SINCE THE QUESTIONS RAISED IN YOUR LETTER ARE THE SUBJECT OF PENDING LITIGATION. NO FURTHER ACTION WILL BE TAKEN ON YOUR CLAIM PENDING THE OUTCOME OF THOSE COURT PROCEEDINGS.

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B-129449, JUN 17, 1974

PRECIS-UNAVAILABLE

TO MR. ERNEST F. BORUSKI, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 5, 1974, IN WHICH YOU CLAIM ENTITLEMENT TO BACK PAY AND ALLOWANCES PLUS INTEREST FROM DECEMBER 1, 1944, TO THE PRESENT, LESS THE PAY AWARDED TO YOU BY THE COURT OF CLAIMS AND PAID PURSUANT TO A CERTIFICATE OF SETTLEMENT DATED SEPTEMBER 25, 1958.

SUBSEQUENT TO RECEIPT OF YOUR LETTER, WE WERE NOTIFIED THAT YOU HAD FILED A PETITION ON MAY 13, 1974, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, ENTITLED BORUSKI V. GENERAL ACCOUNTING OFFICE, CIVIL ACTION FILE NO. 74 CIV. 2047. UPON REVIEWING THE MATTER IT APPEARS THAT THE ISSUES RAISED IN THE PETITION ARE THE SAME AS THOSE CONTAINED IN YOUR CLAIM BEFORE THIS OFFICE.

IT HAS LONG BEEN THE POLICY OF THIS OFFICE TO DECLINE TO RULE ON ISSUES INVOLVED IN CASES WHICH ARE UNDER LITIGATION IN THE COURTS, OR TO MAKE ANY COMMENTS THEREON. CONSEQUENTLY, SINCE THE QUESTIONS RAISED IN YOUR LETTER ARE THE SUBJECT OF PENDING LITIGATION, NO FURTHER ACTION WILL BE TAKEN ON YOUR CLAIM PENDING THE OUTCOME OF THOSE COURT PROCEEDINGS.

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