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B-203100 1 (1982-10-12)

handle is hein.gao/gaobadkra0001 and id is 1 raw text is: 


CECISION'


   COM rt9LLUN OsNuiAc.

     THI UNITED   TAYES
WAG HINSTON, 0,1 0U413


FILE: B-203100


DATE:


October 1?, 1982


MATTER OF:      _   s.a.ka Pipeline Service Conpany v. United
                States--Intereat on judgment

 L31GEBT: : lterest In allowable on Court of Claims juduliut
           under 28 US,C, I 25161) only in cases of uneuw' .ess-
           ful appeal by the Government, Delay resulting from
           consideration of whether to seek further review,
           or from filing of post-judgment motions, does no:
           create entitlement to interest, Therefore, Plattiffs
           are not entitld to interest on Court et. Claims
           judgment where Department of Justice did not
           certify judgment to General Accounting Office for'
           payment until after Court had denied Government'ii
           notion to vacate. 59 Comp. Gen, 259, 58 Comp.
           Ceon. 67 explained.

     The plaintiffs in Alyeska iplneService Co. v, United States,
Cc* Cl. No. 384-78, claim that they are eutitled to post-judgaent
interest, We hold that they are not ftr the reajons stated below.

Facts

     ~ska wae an action filed by a g:oup of pipeline companies
against the United States in the Court of Clims, (The merits of
the case are not relevant to this discuosion.) The Court rendored
a judgment on the issue of liability only on June 18, 1980, holding
that the plaintiffs were entitled to recover on their first claim.
The Government uoved for reconsideration of the judgment, which the
Court denied on October 3, On October 31, the Ceirt entered a judg-
ment of $12,253,730 based on the trial judge's recommendatlov id
the stipulation of thv parties. The plaintifto filed a certiied
copy of the judgment with the General Accounting Office on November 13.

     On January 19, 1981, the Government filed a motion to vatat.
the judgment with the Court of Claims. On Xarch 4, 1981, the United
States moved to withdraw its motion, The Cotrt denied the mntion
to vacate on March 6.


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