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ASSISTANT ATTORNEYS GENERAL

(Charged with the defense of the Government)

December 1, 1950, to March 31, 1951

A. DEVITT VANECH
H. GRAHAM MORISON*

THERON LAMAR CAUDLE
HOLMES BALDRIDGE*

NEWELL A. CLAPP

(Acting January 7, 1951, to March 28, 1951)

*Mr. Morison was transferred to the Anti-Trust Division January 6, 1951.

Mr. Baldridge entered upon his duties in the Claims Division March 29, 1951.

TABLE OF CASES REPORTED

Note.-For cases dismissed and not indexed hereunder

see page 647 et seq.

Pago 232

650

653

194

A. ALLAN SILVERTON, ET AL. (No. 47674)---

Government contract; sale of mattresses as surplus prop-.

erty; veterans' priority under the applicable statutes. ALCEA BAND OF TILLAMOOKS (No. 45230)-----

Motion to file briefs as amici curiae denied by Supreme

Court.
ALCEA BAND OF TILLAMOOKS, ET AL. (No. 45230)--

Indian claims; judgment including interest. Reversed

by the Supreme Court. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Nos. 48789 and 48944)--Transportation of Government property; offset by Gov

ernment allowed against admitted claim of railroad. ATKINSON (GUY F.) COMPANY AND W. E. KIER CON

STRUCTION Co. (No. 49515)---

Government contract; judgment entered.
ATLANTIC COAST LINE RAILROAD COMPANY, A
CORPORATION (No. 48900)----

Transportation of freight; judgment entered.
AWAD (E.) & COMPANY, Inc., INTERVENOR (No.
48340-B)----
Requisition of property in Philippines; judgment entered

in favor of intervenor.

624

622

623

164

622

BINSFELD, ALBERT J.--

Suit for loss of payroll funds by Army finance officer. BLUE BELL, INC. (No. 48833)--

Income and excess profits tax; motion for new trial allowed. BOLGER-PARKER COMPANY.

Government contract; judgment entered.

624

VII

Page

650

625

289

BORG-WARNER CORPORATION, IN ITS OWN RIGHT AND
AS SUCCESSOR TO THE MARVEL CARBURETER Co..
Government contract; suit on alleged contract "implied in

law” under Special Jurisdictional Act. Plaintiff's peti

tion for writ of certiorari denied by the Supreme Court. BRADY (JOHN T.) & Co. Inc.-

Government contract; judgment entered. BRAUNSCHWEIGER, EDWARD F

Jurisdiction; Trading With the Enemy Act; statute of

limitations. BROOKLYN WATERFRONT TERMINAL CORPORATION

Rental of property by Government; claim for alleged

breach of covenants of lease. Plaintiff's petition for

writ of certiorari denied by the Supreme Court. BROOKS EQUIPMENT AND MANUFACTURING COMPANY.

Income and excess profits tax; credit for deficit in accumu

lated earnings and profits.

650

339

113

CITIES SERVICE OIL COMPANY (No. 48693)

Government contract; price fixed by contract for delivery

of oil to Navy. COMPANHIA UNIAO FABRIL, LTDA...

Eminent domain; just compensation; steel owned by

Portuguese corporation requisitioned under National
Defense Act of 1940.

451

561

COPPER RIVER PACKING COMPANY, A CORPORATION.

Eminent domain; requisition of use of two vessels, cannery

tenders, on bareboat charter basis.

156

CROWN CORK & SEAL COMPANY, INC.--
Taxes; documentary stamp tax on exchange of stock; in-

crease in value of new shares over old shares only to be
taxed.

645

CUSTOMS SERVICE PAY CASES..

Judgments entered following opinion in cases of Myers

et al., 320 U. S. 561, 101 C. Cls. 859, and O'Rourke, 109
C. Cls. 33.

414

DANIEL C. ROBINSON, INC. (No. 46250).

Eminent domain; just compensation for requisition of use

of barges and tug; interest for delay in payment.

Page

623

438

649

57

594

DERWENT TRANSPORTATION COMPANY, INCORPO-
RATED.

Requisition of barge; judgment entered.
Dilks, CARL W.--

Pay and allowances; allowances for quarters and rations

due Army enlisted man during period of captivity. EASTERN (EMIGRANT) CHEROKEE INDIANS, ET AL. (Appeals Nos. 2 and 3) Indian claims; res adjudicata; decisions of Indian Claims

Commission affirmed on appeal. Appellants' petitions

for writs of certiorari denied by the Supreme Court. ERTLE (KARL JOSEPH), RAYMOND CHARLES JENNE,

CHARLES FRANCIS STEWART, LEONARD CHRIS
BENDER (No. 49610)
Income tax; failure to file claim for refund of penalty as-

sessments; jurisdiction.
FARIES (MOLLY Z.), AN INDIVIDUAL, WAYNE TITLE
AND TRUST COMPANY, ADMR. C. T. A. (No. 49067).

Patent; suit for infringement by Government. GOLDSTEIN, ABRAHAM I..

Suit for salary; Government employee improperly dis

charged, without notice and hearing; offset allowed.
GRAHAM (HATTIE TRUAX), FORMERLY HATTIE
TRUAX..
Report to United States Senate; death in Government

dormitory due to negligence in enforcing fire regulations. GREENE, HARRY B. (No. 47418)---

Overtime pay under 1931 Act; Immigration Border Patrol. IMMIGRATION AND NATURALIZATION PAY CASES...

Judgments entered on the authority of Gibney v. United

States, 114 C. Cls. 38, Taylor v. United States, 114 C.

Cls. 59, and Ahearn v. United States, 114 C. Cls. 65. JACOBSON, ISRAEL..

Eminent domain; just compensation; vessels requisitioned

by the Government in 1942. KAUFMAN, FREDERICK G----

Suit for salary; Government employee improperly dis

charged, without notice and hearing; offset allowed.

147

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625

248

626

327

91 Page

AL. (No.

KIER (W. E.) CONSTRUCTION Co., ET 49515)--

Government contract; judgment entered.

624

106

LEVY, S. LEON

Suit for salary; res judicata; laches; demurrer overruled. LEWIS, ELLIS R. (No. 48903)---

Income tax; refund of proportionate amount of tax based

on partial refund of bonus. Reversed by Supreme
Court.

651

621

LORD MANUFACTURING COMPANY (No. 47500)----

Requisition of property; judgment for defendant.

373

LOYAL BAND OF CREEK INDIANS (Appeals Docket
No. 7)----
Indian claims; award by United States Senate on claim of

the Loyal Band of Creek Indians; decision of Indian
Claims Commission reversed.

202

LYM-HORMAN CONSTRUCTION COMPANY, TAE --

Government contract; delay in completion not due to

fault of Government.

500

McVANE, FRANCIS JOHN --

Pay and allowances; unmarried enlisted man in Naval

Reserve not entitled to allowance for quarters when
quarters were available and accessible.

1

McWILLIAMS DREDGING COMPANY, A CORPORATION

Government contract; lease of dredge; determination of

"pay time.”

183

MAGALE, John F....

Income tax; net operating loss carry-over; percentage

depletion allowance; taxable net income.

532

MARSHALL DRUG COMPANY, THE

Income tax; reduction in liabilities resulting from accounts

payable settlements properly considered as income,

177

MARTILLA, EDWARD J.----

Suit for salary; demurrer sustained.

624

MATTARO, Don JAMES..

Suit for salary; judgment entered.

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