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B-191028 1 (1978-03-27)

handle is hein.gao/gaobadfuv0001 and id is 1 raw text is: 14K COMPTROLLE ~~~~~ u~J N IF TT UNTE z JABHINGTON. 0 lift I RIZENERAL 58 FILE: 5-191028 DATE: Marob 2T(, 1978 MATrER OF: Lovett v. United States - 'nterest on judgment OIGEET: Interest on judgment under Federal Tort Claims Act entered by District Court against United States and not apposted by United States may not be paid since interest in such case is precluded by first proviso of 31 U.S.C. I 724a. Lovett v. United. States (Civil No. 74-233-TUC-WCP) was a -wrongful death action Itreight in the United States District Court for the District of Arizona tnder the Federal Tort Claims Act, 28 U.S.C. If 134S(b), 2671 et g. Judgment was entered for plaintiff Virginia L. Lovett on Augusc 9, 1977, in the amount of $141,781.38 plus costs. The judgment further directed the setoff of certain aiounts which had been paid to plaintiff by the Veterans Administra- tion (VA) pursuant to 38 U.S.C. 5 351. There was ro mention of .nterest. Coats were assessed at $380.92, and the amount paid by VA vas aetermined to be $13,069.86. The United States did not appeal and the Department of Justice submitted the judgment to us 2or payment Un November 21, 1977. On Decemubar 8, 1977, our Claims Division certified thejudgment to the Treasury Department, and a check in the amount of $129,U92.44 was issued to the plaintiff shortly thereafter. Plaintiff, through her counsel, cit-ing 28 U.S.C. 1§ 1961 and 2411(b), has questioned the correctness 3f our settlement action in that the check did not include any amount for interest on the judgment. For t.he reasons that tollow, we conclude that interest is not properly payable on this judgment, and that our settlement action was therefore correct. It is undisputed that interest is not recoverable against the United States except as authorized by statute or contract. United States v. Maryland ex rel. Mayer, 349 F.2d 693, 694 (D.C. Cir. 1965). The question thus becomes whether there Is any statutory basis for the allowance of interest in Lovett. Interest on district court judgments i 6 1961, which provides in pertinent part: authorized by 28 U.S.C. R I I DEC1BCN I i-i. I C $No- I I

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