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B-171877.3 1 (1981-06-23)

handle is hein.gao/gaobacuvh0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFF !CE WASHiNGTON, O.C. 20543 OF71CZ. OF. G..NEJRAL COUNSEL B-171877.3 June 23, 1981 T he on orablOe choas z.Mri Acting kzsistdnt Attorney General Department of Justice Attention: David Nerkle, Esc. Commercial Litigation Granch Dear Mr. Martin: Subject: John C. Shull v. United Stats Court ot Claims No. 3u1-;1C (Your reference: TSM:DE:ig 154-307-81C) Reference is made to letter dated June 2, 1981, and statutory call form of the same date requesting a report on a petition filed May 5, 1981, in the above-entitled case wherein plaintiff seeks judgment on matters involving the loss and desruction of his personal property at the time of the evacuation from Vietnam in 1975. Because of the lack of preciseness of the petition, we are not comoletely clear as to the nature of his cresent claim. While plaintiff asserts a personal property loss as a result of that evacuation, the judgment sought is for S100,000. Since this amount acnears to be far in excess of the reasonable value of such goods, it appears that he may be seeking general damages as a result of alleaed inorocer action- in his case, rather than the loss of the goods themselves. I. so, it appears that the claim is one soun inn in tort, a matter over which the Court of Claims has no jurisdiction. See 28 U.S.C. 1346(b) and 1491 (1976). See also, McCreery v. United Stat's, 151 Ct. Cl. 404 (1963). In that regard, one aspect of his personal property claim was the subject of Comptroller General's decision B-171877.3, December 15, 1978, cony enclosed, which denied his entitlement to have an excess weight shipment of goods transported from Vietnam at Govern-ent expense. Tne record in the case showved that the plaintiff was reieIved :com active cutv as a captain in the Army on June 26, 1972, and chose to remain in Vietnam as a civilian rather than be returnea name for senaration

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