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

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 3, 1980

Docket78-3082

StatusPublished

Cited by23 cases

This text of 620 F.2d 568 (Col. Paul Emmett Towry v. The United States of America, Harold Brown, Secretary of Defense) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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.

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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.

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620 F.2d 568, 1980 U.S. App. LEXIS 15984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/col-paul-emmett-towry-v-the-united-states-of-america-harold-brown-ca5-1980.

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