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B-196633(RCP) 1 (1981-06-15)

handle is hein.gao/gaobacuvd0001 and id is 1 raw text is: 



                   'TNTED  STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL                                B-196633 (RCP)

                                   June 15, 1981  -






          The Honorable Thomas S. Martin
          Acting Assistant Attorney General
          Civil Division
          United States Department of Justice

               Attention:  Donnie Hoover, Assistant Director
                           Commercial Litigation Branch
          Dear Mr. Martin:

               Subject:  Oscar G. Adams  Jr. v. United States 4Lif
                                , et a /
                         USDC D Utah, CiPvil Action No. C-81-0214W

               On March 30, 1981, we received the Complaint and
          Summons in the above-captioned case which names The
          Comptroller General, ELMER B. STAATZ [sic] as a de-
          fendant to the action.  By letter dated April 17, 1981,
          we requested that the Department of Justice represent
          the Comptroller General in this action, and we enclosed
          copies of the Complaint and Summons.  We also advised
          that we would be forwarding a substantive litigation
          report, and that is the purpose of this letter.

               Initially of a procedural nature, we believe an
          objection may be made to the jurisdiction of the
          district court to entertain this cause.  The plaintiff
          seeks money damages (backpay) from the Government in
          excess of $10,000 (see paragraph 3 of the complaint).
          Under 28 U.S.C. § 1346(a)(2) (the Tucker Act), the
          district court does not have jurisdiction over claims
          against the United States exceeding $10,000; rather,
          the Court of Claims has exclusive jurisdiction.  (See
          28 U.S.C. § 1491.)   See generally, Polos v. United
          States, 556 F. 2d 903, 905 (8th Cir., 1977).  While
          5 U.S.C. § 5596 (the Back Pay Act) generally addresses

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