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B-157414 1 (1978-04-26)

handle is hein.gao/gaobadfxt0001 and id is 1 raw text is: ,j52 4I~~.*Lj,4e .1 q, ' THE COIMPTR LLER GENERAL eCe DECISION . OF THM UrNITE a 1rmS WA5HINGTON. D.C. 20540 FILE: B-157414 DATE: April 26, 19T8 MATTER OF: Overseas Schooi Teachers - Backpay in Excess of Judgment DiGEST: Members of plaintiff-class in March v. United Stater., 506 F.2d 1306 (D.C. Cir. 1874), may ioi-cover on an administrative claim for back- pay in excess of $10, 000 jurisdictional limitation of District Court under 28 U. S. C. S 1346(a)(2). When all aspects of the case are considered, the issue of liability for cetire period has been liti- gated and thaL liability is limited to $10, 000 per claimant. Doctrine of res udicata applies where a party raises same issue ereas he raised and completely litigated in the court a. This Jecision is in response to an administrative claim filed on behalf of the plaintiff-class in March v. United States, 506 F.2d 1306 (D.C. Cir. 1974), seek7ingpayment of backpay allegedly due certain class members in excess of the $10, 000 jurisdictional limitation of the United States District Court under 23 U. S. C. 6 1346(a)(2) (1970). The true beginning of this litigatibn was the passage of the Defenne Department Overseas Teachers Pay and Personnel Practices Act, Public Law 86-91, July .17, 1959, 73 Stat. 213. That Att,- among other things, removed the teachers in the Over- seas Dependent Schools from the coverage of the Classification Act of 1949 and from the General Schedule pay system. Section 5(c) of the Act also established a new, separate pay system specifically for the overseas teachers. The implementation of that pay system by the Department of Defensn (DOD) was chal- lenged in the courts, and, in Crawford v. United States, 376 F. 2d 266 (Ct. Cl. 1967), cert. denlT3 ITU. S. TTfT1W U98)the DOD procedures were uphield. Public Law 89-391, April 14, 1966, 80 Stat. 117, amended the pay-setting procedure so that in its present form, 20 U. S. C. 5 903(c) (1970), it provides that: The Se6retary of each military department shall fix the basic compensation for teachers and teaching positions in his military department at rates equal to the average of the range of rates .1 I -*Lw 'v\s I

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