Summary
In Towry v. United States, 620 F.2d 568 (5th Cir. 1980), cert. denied, 449 U.S. 1078, 101 S.Ct. 858, 66 L.Ed.2d 801 (1981), affirming on the opinion below, 459 F. Supp. 101, the court held that § 2735 forbade review where the decision was arbitrary, capricious, an abuse of discretion, and not based on substantial evidence, and that this was not a denial of due process.
Summary of this case from Rodrigue v. U.S.Opinion
No. 78-3082.
July 3, 1980.
Harry S. Redmon, Jr., Harry A. Rosenberg, Margaret Ann Brown, New Orleans, La., for plaintiff-appellant.
John P. Volz, U.S. Atty., Robert L. Boese, Asst. U.S. Atty., Leonard P. Avery, New Orleans, La., for U.S.A. and Harold Brown and Thomas C. Reed.
Appeal from the United States District Court for the Eastern District of Louisiana; Edward J. Boyle, Sr., Judge.
Before TUTTLE, RANDALL and TATE, Circuit Judges.
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.