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B-204057 1 (1981-08-25)

handle is hein.gao/gaobacssf0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL. COUNSEL B-204057 AUG 25 1981 The Honorable Stuart E. Schiffer- to aVailabe t Acting Assistant Attorney General . Civil Divtsion Department--of Justice Dear Mr. Schiffer: Subject: Patsy Sims Fisher v. United States Court of Claims No. 400-81C The plaintiff alleges that she and her former husband, Joyce Ray Fisher, entered into a contract on May 12, 1975, whereby the plaintiff would receive the monthly retired pay inuring to Joyce Ray Fisher from his service with the United States Air Force. The plaintiff further alleges that the United States Air Force has.failed to honor the contract, and she seeks to have the Air Force or her former husband pay her for several months of arrearages. Additionally, she seeks specific performance on the contract against both the Air Force and her husband. We first note that apparently the plaintiff's counsel misconstrues the nature of the action he filed. He cites to 28 U.S.C. § 1346(a)(2), as the jurisdictional basis for this suit in the Court of Claims. The code reference is a basis for jurisdiction in the District Courts of the United States. This confusion on counsel's part may explain why he is seeking a judgment against both the United States and Mr. Fisher who is an inappropriate party to this action before the Court of Claims. Furthermore, there would appear to be no basis for this action against the United States in the Court of Claims. The underlying basis for this action is a contract or property settlement agreement between Ms. and Mr. Fisher which was incident to their divorce. While the plaintiff alleges that the United States is a party to this contract, such allega- tion is untenable. This is self-evident from the pleadings and property settlement agreement which is attached thereto.

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