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B-175031 1 (1978-04-28)

handle is hein.gao/gaobadueo0001 and id is 1 raw text is: B-175031 MAT'rER OF: Attorney's Fees ~'0. - Federal meat inspector was sued by supervisor for libel and maliciOus defamation for certain allegations contained in letters the inspector wrote to various public officials. Claim for reimbursement of inspector's .legal fees may not be allowed in the absence of determinations that act s of inspector were within scope of official duties and that representation of inspector was in interest of United Ztates. 55 Comp. Gen. 08 (1975) distinguished. This action is in response to the claim filed by , a former employee of the Department of Agriculture, for reimbursement of legal fees in the amount if $852.94 incurred in defending against a lawsuit filed by his supervisor. was employed .3 an assistant circuit supervtsor in the Animal and Plant Health Inspection Service (APHIS), Department of Agriculture, in Providence, Rhode Island, when he wrote several letters during the summer of 1.976 to the President of the United States, to a Member of. the staff of a United States Senator, and to several APHIS officials including the Administrator, Dr. F.J. Mulhern. The letters alleged improper activities with regard to the inspection of a meat packing plant in Rhode Island. In response to certain allegations contained in these letters, supervisor filed suit in a state court in Rhode Island on November 30, 1976, alleging that the letters were libelous and constituted malicious defamation. It appears that immediately contacted Agriculture's Office of General Counsel to seek represen- tation in this lawsuit, but he was initially advised that such represerntation would not be available since actions did not appear to be within the scope of his employment. Shortly thereafter, APHIS realized that letter to the Administrator THU COMPTRO3LLER GENERAL OP THE UN1ITEI STATES WASHINGTON. D. C. 20548 DATE:April 28, 1978 - Claim for 13CIBION FILE: DIGEST: .2 .Lz7

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