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[[underlined]] CASES DISPOSED OF: [[/underlined]]

1. [[underlined]] Genson [[/underlined]] v. [[underlined]] Ripley [[/underlined]]

In this suit, filed in March 1981 in the U. S. District Court for the District of Arizona (Tucson Division), plaintiff sought $100 million in damages resulting from the alleged "misidentification" of a coin donated to the Smithsonian by plaintiff. A Motion for Summary Judgment and Dismissal of the case, for failure to state a claim and failure to exhaust administrative remedies, was granted by the District Court on December 18, 1981. Plaintiff appealed the order to the U. S. Court of Appeals (9th Circuit), which, on July 23, 1982, affirmed the December 18, 1981, decision of the District Court. Plaintiff thereafter filed a petition for writ of certiorari with the U. S. Supreme Court, seeking review of the July 23, 1982, decision of the U. S. Court of Appeals. The petition was denied on October 12, 1982.

2. [[underlined]] Lucas [[/underlined]] v. [[underlined]] Ripley [[/underlined]]

A settlement agreement was reached and approved in this case by U. S. District Court Judge Joyce Hens Green on November 18, 1982. Plaintiff's complaint was a class action discrimination claim, filed in July 1978. Pursuant to the settlement agreement, plaintiff will receive a modest cash judgment ($4,000) and attorneys' fees ($4,000), and will be provided with the opportunity to receive training valued at a cost of $1,000 or less. The settlement agreement totally disposes of plaintiff's individual complaint as well as a pending collateral administrative reprisal complaint. The settlement also effectively precludes plaintiff (or others) from further pursuing the class action aspects of her complaint.

MAJOR ADMINISTRATIVE CASES

1. [[underlined]] Appeal of Libra Engineering, Inc. [[/underlined]]

This claim is an appeal by Libra Engineering, Inc., of the decision of the Smithsonian contracting officer on August 10, 1981, to terminate for default its contract for the renovation of the HVAC system at the Freer Gallery of Art for failure of the contractor to make suitable progress on the job. Since the Smithsonian does not have its own Board of Contract Appeals to hear such cases, authority to decide this matter was delegated to the NASA Board of Contract Appeals in February 1982. Libra seeks to have the termination for default converted into a termination for the convenience of the Smithsonian, including a remission of the $70,000 excess cost of reproducing the work from another contractor and an assessment against the Smithsonian of Libra's costs incurred in the termination of the work, which is anticipated to be over $50,000. Libra also seeks $50,000 for miscellaneous claim items. The matter was set for hearing in January 1983, but Libra's counsel has recently withdrawn from the matter. It is anticipated that the hearing will be rescheduled for March 1983.