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six-month period from the date of the denial of the administrative claim was granted on October 18, 1991.

Mac'Avoy v. The Smithsonian Institution (claim contesting the National Museum of American Art's ownership of certain paintings and drawings by Romaine Brooks that were donated to the Museum between 1966 and 1970).

Thompson v. Smithsonian Institution (claim for injuries allegedly sustained from a fall in the National Museum of Natural History in October 1987; damages sought: $200,000).

+ Volvo Cab Corporation v. Smithsonian (claim for damages to taxicab arising out of a November 1989 accident in New York City involving a Smithsonian delivery truck; damages sought - $2,019.11), counterclaim by SI of $457): The case had been referred by the Court to mediation and had been suspended pending the return of the Smithsonian driver from military duty in Saudi Arabia. On October 1, 1991, an arbitration award was rendered, dismissing the complaint and the counterclaim without costs to either party.

A case of first impression as to the Smithsonian is Cotton v. Adams, which was brought under the Freedom of Information Act (FOIA) in the U.S. District Court for the District of Columbia on November 1, 1991. The plaintiff seeks an injunction to compel the Smithsonian to turn over certain documents in the files of the Smithsonian Office of Inspector General. By letter of November 1, 1991, the plaintiff had been advised that the Smithsonian is not subject to the provisions of the FOIA, although the Institution looks to the FOIA for guidance in responding to requests for information from the public. The plaintiff was thereupon advised that, as the release of the requested documents would infringe the privacy interests of the individuals about whom the documents pertained, the documents would not be disclosable under the FOIA. The case is brought by a former trust fund employee who is appealing her termination for cause from her position as an assistant buyer in the Smithsonian Museum Shops in August 1991 and who has filed an administrative complaint of discrimination concerning aspects of her termination. Although the plaintiff was advised that she could appeal the denial of her document request by written request to the Smithsonian Secretary, this lawsuit was initiated prior to any internal appeal. The U.S. Attorney for the District of Columbia is representing the Institution in this matter. A motion to dismiss was filed on December 6, 1991.

Cato and Francer present no unusual issues and are being handled by the Department of Justice. Christmas Reproductions, Kuber, and Volvo Cab have been completed as indicated.

It may be noted that the plaintiff in the Mac'Avoy (Edouard Mac'Avoy) passed away in Paris, France, on September 26, 1991. However, the appeal of the decision of U.S. District Judge Thomas Hogan granting summary judgment in favor of the Smithsonian is still pending in the U.S. Court of Appeals for the District of Columbia Circuit; and the complaint filed by the plaintiff in the Tribunal de Grande Instance, in Paris, France, remains subject to prosecution by Mr. Mac'Avoy's heirs.