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LITIGATION REPORT

NEW CASES:

1. [[underlined]] Wrenn v. Merit System Protection Board [[/underlined]]

This is an appeal to the U. S. Court of Appeals for the Federal Circuit, filed February 2, 1984, by a Smithsonian employee dissatisfied with a Merit Systems Protection Board ruling on a routine employment matter. Representation will be provided by the U. S. Department of Justice.

CASES PREVIOUSLY REPORTED:

There have been no significant developments in the following cases, which have been reported previously to the Board:

2. [[underlined]] Abraham v. United States [[/underlined]] (negligence action for wrongful death of volunteer) - Filed December 1980 in the U. S. District Court for the District of Columbia. Court action stayed while the Department of Labor determines if deceased was covered by the Federal Employees' Compensation Act. The Office of Workers' Compensation, U. S. Department of Labor, has determined that there is coverage under the Federal Employees' Compensation Act, and the plaintiff has now appealed this decision to the Employees' Compensation Appeals Board. The Board has yet to hear the matter.

3. [[underlined]] Dance v. Ripley [[/underlined]] (racial discrimination) - Filed August 1978 in the U. S. District Court for the District of Massachusetts. Awaiting trail date.

4. [[underlined]] ERH Sales Corp. v. Smithsonian Institution Division of Performing Arts [[/underlined]] (bankruptcy case - allegation of sums due the bankrupt by the Smithsonian Division of Performing Arts) - Filed November 8, 1983, in the U. S. Bankruptcy Court for the Southern District of New York. Service on the Institution defective. Settlement negotiations underway.

5. [[underlined]] Larsen and State of Wisconsin v. United States [[/underlined]] (tort claim for alleged injuries received by co-plaintiff Larsen from a fall while visiting the Institution's Silver Hill Facility) - Filed July 1983 in the U. S. District Court for the Western District of Wisconsin. Damages sought: $750,000 and $12,760.14, respectively. Pretrial discovery proceedings underway.