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B-188413 1 (1979-01-04)

handle is hein.gao/gaobacuok0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE J WASHINGTON, D.C. 20548 REFE T B-188413 OFFICE OF GENERAL COUNSEL JN4 1979 The Honorable Griffin B. Bell The Attorney General Dear Mr. Attorney General: By letter of July 7, 1978, copy enclosed, we reported to you a claim due and asserted against Mr. John Morgerson in the amount of $2,357.64. The report was made at the request of Mr. Morgerson's attorney pursuant to 5 U.S.C. § 5512 b)(1976) so that suit could be instituted against Mr. Morgerson to adjudicate the matter in the appropriate United States District Court. Briefly stated, Mr. Morgerson was employed as a Special Messenger by the Veterans Administration (VA) Hospital in Lexington, Kentucky. On L January 7, 1976, Mr. Morgerson was making a series of deliveries, including a locked money pouch containing $2,357.64 he had picked up from the cashier's office at the VA Hospital. When he arrived at his designation, he dis- covered the pouch missing from the r k of the Government vehicle he was 1 driving. A equest for relief of & ge for the Joss of th money - pursuant to 31 U.S.C. § 82a-1 was denied by our Office (B-188413, June 30, 1977, copy enclosed). In January, 1978, the VA began to deduct $46 per bi-weekly pay period from Mr. Morgerson's paycheck pursuant to 5 U.S.C. § 5512(a), to continue until the entire amount of the loss was repaid. On January 30, 1978, Mr. Morgerson filed suit in the United States District Court, Eastern District of Kentucky, to enjoin the VA from making the deductions. John Morgerson v. J.C. Abbottet al., Civ. No. 78-21. On May 3, 1978, the defendant moved for dismissal or summgry judgment, arguing that the plaintiff has an adequate remedy by requirthg the United States to sue under the provisions of 5 U.S.C. § 5512(b). By letter dated May 22, 1978 (your reference BAB:MFEvens:bfk, 145-3-1932), we were advised by Assistant Attorney General Barbara Allen Babcock that an Agreed Order of * Dismissal had been entered on May 4, apparently as a result of the Govern- ment's motion. Presumably in consequence of this action, the plaintiff requested that we make the statutory report. 003074

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