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B-182346 1 (1975-02-04)

handle is hein.gao/gaobaddbi0001 and id is 1 raw text is: THE COMPTR- .ER GENERAL DECISION *.OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: LB-l346 DATE: FEB 4 1975 MATTER OF: Interest on judgment - Mr. Melvin T. Bishop DIGEST: Interest payrble on c judgment entered by the United States istrict Court egrinst the United Stetes is subject to the restrictions estaiblished by 31 U.S.C. 724c, which provides. in effect, thet if the United states does not eppeal the court's decision, there is no strtutory basis for the payment of interest on the judgment; there- fore, even where there hes been r ye's delay in the settlement of the cleim interest may not be paid. This action is in response to n letter of December 9, 1974, from Vincent I. YcCPuley, 2sruire, written on behalf of ir. Mielvin bishop, which in eff-ct recuests reconsiderttion of our Trrnsportetion End Claims ivision settlement of October 31, 1974, which disrilowed Mr. ichop's c1aim for interest on rn amount directed to be prid to him pursu-nt to o judgmient entered in the United ,trtes ltstrict Ccurt for the Middle i.,istrict of Georgia, Colum-AbA1 Uivision, in his case. The file shows thzt in a decision rendered on October 19, 1973, the United 't!tes .dltrict Court for the tiiddle jistrict of Georgie held thct Mr. bishop w.s entitled to receive 44,999.74 in bec'pey -nd 6l1owances with interest thereon as provided by lrw for military service performed during 1968 cnd 1961 while a member of the United 'tctes iirmy. Un the evidence, the court found thrt r determination on the pert of the .rmy thrt Mr. bishop was -bsent without lerve during the period in cuestion was erroneous and thAt his service records were to be corrected to show such period to be good time And that he is to receive pay and ellowances for thet period. On October 4, 1974, this Office received notification of the judgment end )n Uctober 31, 1974, a settlement was issued to Mr. Bishop in the emount of $4,999.74. Mr. McCnuley contends that Mr. Bishop is entitled to recover interest from the Governmaent on the judgment from the dtte the judg- ment was rendered. The provisions of 31 U.b.C. 724e control in the mattter of interest on the judgment rendered in Mr. Bishop's case. The section reeds in part as follows:

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