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B-195652 1 (1980-12-24)

handle is hein.gao/gaobabjxz0001 and id is 1 raw text is: 



-I . /.,   COMPTROLLER GENERAL OF THE UNITED STATES
                            WASHINGTON. D.C. 20548

                                                IN REPLY
                                                RE TO: B-195652

                                     December 24, 1980



     Mr. H. William Menard
     Director, Geological Survey
     Department of the Interior
     Reston, Virginia 22092

     Dear Mr. Menard:

           This is in response to your letter of September 2,
      1980 (file reference EGS-Mail Stop 442), concerning
      our decision B-195652, April 1, 1980, on the claim
      of James C. Bowers, an employee of the U.S. Geological
      Survey. It is requested in your letter that Mr. Bowers'
      real estate expense disallowance in the amount of
      $2,727.75 be considered for settlement under the
      Meritorious Claims Act.

           The Meritorious Claims Act provides that when a
      claim is filed in this Office that may not be lawfully
      adjusted by use of an appropriation theretofore made,
      but which claim in the judgment of the Comptroller
      General contains such elements of legal liability or
      equity as to be deserving of the consideration of
      Congress, it shall be submitted to the Congress with
      recommendations. The remedy is an extraordinary one
      and its use is limited to extraordinary circumstances.

           The cases reported for the consideration of the
      Congress generally involve equitable circumstances of
      an unusual nature and which are unlikely to constitute
      a recurring problem, since to report to the Congress
      a particular case when similar equities exist or are
      likely to arise with respect to other claimants would
      constitute preferential treatment over others in similar
      circumstances.

           Mr. Bowers' situation is not unique. As pointed
      out in the decision B-195652, April 1, 1980, at least
      three other cases have been considered in which the
      facts were very similar to the facts in Mr. Bowers'
      case. The immediate family requirement is statutory
      and although the state of the economy and particularly

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