Abarr v. United States
Citation | 139 Ct. Cl. 748,153 F. Supp. 387 |
Decision Date | 12 July 1957 |
Docket Number | 41-56,221-56,No. 40-56,249-56.,42-56,40-56 |
Parties | Earl Lewis ABARR et al. v. The UNITED STATES. Louis HAIMONWITZ et al. v. The UNITED STATES. William Thomas PRENDABLE et al. v. The UNITED STATES. Benjamin Franklin ABERCROMBIE et al. v. The UNITED STATES. Lyle Holcomb ARMSTRONG et al. v. The UNITED STATES. |
Court | Court of Federal Claims |
Fred W. Shields, Washington, D. C., for plaintiffs. Thomas M. Gittings, Jr., Washington, D. C., was on the brief.
Kendall M. Barnes, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.
Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.
The Government bases its motion to dismiss the plaintiffs' petitions in these five cases on the ground, that this court's decision in Hulse v. United States, 137 F.Supp. 745, 133 Ct.Cl. 848, certiorari denied 353 U.S. 916, 77 S.Ct. 663, 1 L.Ed.2d 663, denied recovery in a case involving the same kind of claim which these plaintiffs present.
The plaintiffs recognize that the Hulse decision is contrary to their claims, but point out that they were plaintiffs in prior suits in this court which also involved the same kind of claims, except that they were for periods prior to those covered by the instant suits; that in those earlier suits this court entered judgment for them on their claims. The plaintiffs say that on the ground of res adjudicata or of collateral estoppel they are entitled to judgments in these cases.
Unless, then, there is some reason which removes the instant cases from the scope of the general rule of res adjudicata, the plaintiffs are entitled to judgments.
The instant suits are for a 10 percent increase in pay for "good conduct" to which increase the plaintiffs claim to be entitled under certain statutes. In Sanders v. United States, 120 Ct.Cl. 501, this court held on January 9, 1951 that Sanders was entitled to good conduct pay. The prior suits of some of the instant plaintiffs were filed before the Sanders decision, and those of others were filed after that decision.
Counsel for the plaintiffs and for the Government were in doubt as to how the Supreme Court might decide the question of good conduct pay, when and if it would accept such a case for decision. They therefore in 1954 negotiated a stipulation for judgments in the then pending cases providing for amounts which were in fact five percent of their regular pay, instead of the statutory 10 percent. The court accepted the stipulation and entered the judgments. The judgments have of course been paid.
Next came the court's decision in Hu...
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