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B-158549 1 (1974-01-22)

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                                COMrTROLLU oGENERAL OFTHE UNI1TE STATES
                                          WAS HINQ*TO, D.C.3SOW



              S-1456549                                           January 22, 197T4



              The lLonorable Arthur F. Samrpson
              Administrator
              CeneHral Services Admlniutration

              Dear Hr. Sampson:

                   W:e have for consideration the claims of Hassrs. Jacob , Amstutz,
              Names A. Buyer, Moses Brown, Clarence A. Delaine, Fred L. Jones,
              William 4. Jones, Emal Jordan, Hilton Joseph Sion, Jones S. Smallwood,
              William R. Smith and Melvin H. Streets,   Those 11 individuals, all past
              or present mabners of the Federal Protective Service, GSA, RuSion Xi10
              have[lainf&Iectime compensationin accordance vith the holding by
              the Court of Clains in EugieL. Baylor et a!. v, United States, 198
              C. Cl., 331 (1972).

                   Finding that the overtime activities involved had been officially
              ordered and approved by appropriate Region IXI officials, the Court held
              that each of the 33 plaintiffs who testified and presented evidence was
              entitled to recover insofar as he had substantiated his claim. The Trial
              Connissioner, phose opinion with modifications was adopted by the Court,

                        Pceliminary to outlining the pertinent facts, one
                   matter relating to the prosecution of this cnse by plain-
                   tiffs and the evidence introduced herein by them thould be
                   briefly mentioned at this point. An average time ,'Sqisired
                   each workday for the plaintiffs to comnply with the guard
                   force regulations acd alleged work 'orders' is not claimed
                   by them. Rather, each of the plaintiffs who testified iu
                   this case claims entitlement to compensation for'different
                   samounts of preshift and postshift overcimc assertedly
                   necessarily performed by him. The difference In the amounts
                   of. overtime claimed by each plaintiff guard in largely
                   attributable to the variations in the individual's situation
                   ith respect to the location of hie assigned locker, gun
                   issue, point, and duty post d~ring the claim period.  In
                   vlew of the foregoing and other circunstauces presented
                   here, it was considered ensential that each of the 47
                   plainr.iffs still in this case should teotify concerning
                   his &A individual situation in support of the claim ad-
                   v.ced by him. Under the ground rules established for
                   che conduct of the trial held herein, it was contemplated


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