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B-176229 1 (1973-05-01)

handle is hein.gao/gaobacufm0001 and id is 1 raw text is:                                                           .1
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  *1              COMPTEOLLR  GENERAL OF THE UNITED STATES
                            WASHINGTOE. D.C. Z054



  W-176229
                                                  U AY   11973



  Hr. Prank A. Schorr
  Authorkled Certifying Officer
  AMbuquarque Area Office
  Aurau of  India  Affaire                                         r
  U.S. Department of the Interior                               VJ}
  P.O.  Box 0327                                                U
  Albuquerque, New Mexico  87108

  Dear Kr. Cchorr:

       Your letter of October 17, 1972 (your reference: Finance), with
  enclosure, requests reconsideration of our decision of October 5, 1972,
  D-176229, to you disallounr  payment of a voucher in the aount  of
  $441.18 in favor of1ir.          , an amployeo of the  uroau of Indian
  Affairs, for romburcomcnt  of a judgment, interest thereon, and coats
  asnstood r.ainst him, which he believes resulted from actions arising
  uithin the scope of his employment and allogedly at the direction of his
  superior.  You believe that          Is antitled to reaburasaent  under
  the rationale of thn vo-calledI        case vwbartin the Claime Division
  of our Office rusurood   tartain eployees  of thc Bureau of Sport Fisheries
  and  ildlifa, Department of the Inteior,  for the amount they were required
  to pay as a result of a court judgment.

      The  facts of tits case were et  forth in detail in our decision of
 October  5, 1972, nu'ra. and need not be repeated here.  Our decision denied
 reicibureement to        Ion  the basis that the circumstancas in his case
 wore  clearly distinguisthable from the     a  case.  The decioion pointed
 out  that the record in the         case disclosed that the liability of
 the cnployces  involved arose from their actions taken in accordance ith
 the policy of  their eployinc Dureau,  the directions of chir  superiors,
 and with logal  advice of the United States Attorney; that that %#re required
 to'act  in the line of duty; and that they intended faithfully to carry out
 the law enforcement activity  of said Bureau.  The decision of October 5,
 1972,  -176229, distinguishod case from the n case as
 -follows I

           The instant ceaq to cloarly  distinguishablo from the
              case.  In  the instant case it appears from the record


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