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B-222916 1 (1986-06-02)

handle is hein.gao/gaobacvve0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL



        B-222916                        June 2, 1986




        Mr.  Robert J. Marren
        Vice  President (TX-NM)
        National  Border Patrol
          Council
          1615 O'possum Circle
        El  Paso, Texas 79927

        Dear Mr. Marren:

             Your  letter dated December 27, 1985, (your reference
        COMPGEN/AO1)  asked whether Federal employees are entitled
        to hearings  under the Debt Collection Act of 1982 in
        various  circumstances.  The United States Immigration and
        Naturalization  Service has advised us that your request was
        prompted by  an accident involving you personally, and that
        the primary  issue you raise is the subject of active litiga-
        tion before  the United States District Court for the Western
        District of  Texas, El Paso Division:  United States v.
        Robert J.  Marren, No. EP-85-CA-413 (W.D. Tex. filed Nov. 26,
        1985).

              It is our longstanding rule that we will not consider
        matters which  are in the courts during pendency of liti-
        gation, because  the eventual outcome of the litigation
        may resolve  the matter.  See William C. Ragland, 62 Comp.
        Gen. 399,  400 (1983); 58 Comp. Gen. 282, 286 (1979); and
        Morris Mechanical  Enterprises, Inc., B-200552, March 16,
        1982.

             Consequently,  we will not provide you with a substantive
        response  to your request.

                                        Sincerely yours,




                                        Henry R. Wray
                                        Associate General Counsel


13003  Z

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