Col. Paul Emmett Towry v. The United States of America, Harold Brown, Secretary of Defense

Fifth Circuit

Col. Paul Emmett Towry v. The United States of America, Harold Brown, Secretary of Defense

620 F.2d 568, 1980 U.S. App. LEXIS 15984

Court of Appeals for the Fifth Circuit·Decided July 3, 1980·No. 78-3082·Published·Cited by 23 cases

Opinion

PER CURIAM:

The judgment is affirmed on the basis of the district court’s opinion, which is published at 459 F.Supp. 101 (E.D.La.1978).

We were troubled by the suggestion at oral argument that payment of the amount determined by the Secretary of the Air Force as compensation for Col. Towry’s injuries was conditioned upon his not seeking judicial review of the award. We have been informed by letter from the Acting Chief of the Claims and Tort Litigation Staff of the Office of the Judge Advocate General that the compensation award to which the Secretary of the Air Force determined Col. Towry was entitled is still open, and that Col. Towry may accept the tendered amount in satisfaction of his claim.

AFFIRMED.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

The judgment is affirmed on the basis of the district court’s opinion, which is published at 459 F.Supp. 101 (E.D.La.1978).

We were troubled by the suggestion at oral argument that payment of the amount determined by the Secretary of the Air Force as compensation for Col. Towry’s injuries was conditioned upon his not seeking judicial review of the award. We have been informed by letter from the Acting Chief of the Claims and Tort Litigation Staff of the Office of the Judge Advocate General that the compensation award to which the Secretary of the Air Force determined Col. Towry was entitled is still open, and that Col. Towry may accept the tendered amount in satisfaction of his claim.

AFFIRMED.

Col. Paul Emmett Towry v. The United States of America, Harold Brown, Secretary of Defense, 620 F.2d 568, 1980 U.S. App. LEXIS 15984 (5th Cir. 1980).

Pincite

620 F.2d 568 (Col. Paul Emmett Towry v. The United States of America, Harold Brown, Secretary of Defense) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related