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B-176229 1 (1972-10-05)

handle is hein.gao/gaobadtrg0001 and id is 1 raw text is: 

     0SDIGEST                      -213
               COMPTROLLER GENERAL OF THE UNITED STATES
                         WASHINGTON, D.C. 20M8


-     .7rC6-                                     OCT 5  1972



)r. Frma A. Scborv
Atkorixed Certi4in Officer
Albuquerque Arta Officer
Burau of Indian Affair
U.S. Dep~rtinnt. of -the Zatedlor
P, 0, Box 8327
Albuquerqueo New Mexico .87108

Dar Mr. beo4rrs

     Hetereiee ia made to rw Xetter oft July.26, 1:972(o~ efrne
Finnce), and enclosures, requesting a decialon as to the proprtety of
certivfyng for payment a .vOucher in the auount $41I18,in favor of
              am emptdyoe of the BurewAx of rindin Affairs, Departmeat
of the Interlor, for rtturseomt of a Judgment, Iter at thereon and
costs, aaaesaed against hitn, which he befeves resuilted fr-Ai actions
arising Wtb4in the scaope of his empoy*e t Wnd aflegedly at the direc-
tion of his suerior,

             is eaq. loyed az the lederal Offcr-2n-Chars4e at the
Pueblo of Zwii (az IndiAn eservation), Zumi, -T r ew4co. The record
shova that t diopute arose between the G6veror of the Ikteblo of Zuni
and the Zuni Leo1 Aid nad Vofeder .,%City (Leg     Aid), and that the
Governor bA gt'nv orderp that Iegl aid attmeys wore not allowed
in the Tribl Admtnstration Buldihg (a now-reaeral btilding a parently
with Public' areMhAth taaes Tuhretu -i Indian Affiro offices and
tribal offices). It appears from -the record befqre us tha.t         sa
tWo L C  Aid attorneys In the buflding with a client of one of the
attorneys and requested. them to leve. --then the attorneys refused, a
fight ensued which resULted -in the a.ttorneys bringing a ctvil acti-n
against         far damages for assault and battery. According to the
record the United States District Court for the Dtstrict -af New Mexico
fownd that.        had acted -.ataide the perinter of bi offical dtites
and ordered that he pay damage to the plaintUf totaling UX, plus
Interests and cavwt costs. Apparently pmrsuuat to the 3rdgient
haa paid out t)kbl8 and now seeks rei~ba    t.

     As a basis for   n         , the o=l .urea ith y-ur letter
make refwerce to      4.         x 382 P. 2d 589 (1967) md       .
       4~1   Z.. d 1307  S96,97.an  tte,  beut 'Settment of oiwr
   Dn ivision (Z-.2400367) ulowitng the eniployw lnvol ,ved rveiz-
lmrsewent for the amomt thWe were required to pay ts at result ,f a
court 3 W1gjet.

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