in the first paragraph of such section the words "or upon any party"; and (4) by striking out where they appear in the first paragraph of such section the words "it deems necessary, and may use all recorded and printed reports made by the committees of the Senate and House of Representatives." and in lieu thereof inserting "not privileged, for purposes of discovery or for use as evidence. The head of any department or agency may refuse to comply with a call issued pursuant to this subsection when, in his opinion, compliance will be injurious to the public interest.", so that such paragraph redesignated as subsection (a) will read as follows:

"(a) The Court of Claims may call upon any department or agency of the United States or upon any party for any information or papers, not privileged, for purposes of discovery or for use as evidence. The head of any department or agency may refuse to comply with a call issued pursuant to this subsection when, in his opinion, compliance will be injurious to the public interest.".

(b) Section 2507 of Title 28, United States Code is amended by striking out the second paragraph of such section which reads "The head of any department or agency may refuse to comply when, in his opinon, compliance will be injurious to the public interest", and in lieu thereof inserting a new subsection to be numbered subsection "(b)" and to read as follows:

"(b) Without limitation on account of anything contained in subsection (a) of this section, the court may, in accordance with its rules, provide additional means for the discovery of any relevant facts, books, papers, documents or tangible things, not privileged.".

(c) Section 2507 of Title 28, United States Code, is amended by adding at the end thereof a new subsection to be numbered subsection "(c)" and to read as follows:

"(c) The Court of Claims may use all recorded and printed reports made by the committees of the Senate or House of Representatives.".

(d) The analysis to chapter 165 of Title 28, United States Code, immediately preceding section 2501 of such title is amended by striking out therefrom the catchline to item 2507 reading "Calls on departments for information." and in

306057-54

lieu thereof inserting "Calls and discovery.", so that the item will read: "2507. Calls and discovery.".

SEC. 56. Subsection (c) of section 2513 of Title 28, United States Code, is amended by striking out where it appears in such subsection the words "filed with" and in lieu thereof inserting "considered by" so that such subsection will read as follows:

"(c) No pardon or certified copy of a pardon shall be considered by the Court of Claims unless it contains recitals that the pardon was granted after applicant had exhausted all recourse to the courts and that the time for any court to exercise its jurisdiction had expired.".

SEC. 57. The last sentence of subsection (b) of section 2516 of Title 28, United States Code, is amended by inserting immediately after the word "allowed" where it appears in such sentence the words "for any period", so that such subsection will read as follows:

"(b) Interest on judgments against the United States affirmed by the Supreme Court after review on petition of the United States shall be paid at the rate of four percent per annum from the date of the filing of the transcript of the judgment in the Treasury Department to the date of the mandate of affirmance. Such interest shall not be allowed for any period after the term of the Supreme Court at which the judgment was affirmed.".

SEC. 58. Subsection (a) of section 2520 of Title 28, United States Code, is amended by striking out where it appears in such subsection the words "and the hearing of any case before the court, a judge, or a commissioner", so that such subsection will read as follows:

"(a) The Court of Claims shall by rules impose a fee not exceeding $10, for the filing of any petition.".

SEC. 59. (a) Chapter 165 of Title 28, United States Code, is amended by adding at the end thereof a new section to be designated as section 2521 entitled "Subpoenas" and to read as follows:

"S 2521. SUBPOENAS

"Subpoenas requiring the attendance of parties or witnesses and subpoenas requiring the production of books,

papers, documents or tangible things by any party or witness having custody or control thereof, may be issued for purposes of discovery or for use of the things produced as evidence in accordance with the rules and orders of the court. Such subpoenas shall be issued and served and compliance therewith shall be compelled as provided in the rules and orders of the court.".

(b) The analysis to chapter 165 of Title 28, United States Code, immediately preceding section 2501 of such title, is amended by adding at the end thereof a new item 2521 to read as follows: "2521. Subpoenas.".

Approved September 3, 1954.

(68 Stat. 1226-1248.)

CASES DECIDED

IN

THE UNITED STATES COURT OF CLAIMS

April 1, 1954, to July 3, 1954, and other cases not heretofore published. Opinions are not ordinarily published until final judgment is rendered. Cases in which motions have been filed are not published until disposition of such motions.

CONDENSER SERVICE & ENGINEERING CO. INC. v. THE UNITED STATES

[No. 519-52. Decided April 6, 1954]

On Defendant's Motion for Summary Judgment

Contract Settlement Act; suit on other claims not precluded by stipulation as to amount due under preliminary decision of Appeal Board.—In a suit brought under the provisions of Section 17 of the Contract Settlement Act by a subcontractor, where the Appeal Board of the Office of Contract Settlement made a preliminary decision holding that plaintiff was entitled to be compensated for extra costs incurred after December 19, 1944, and that the plaintiff was not entitled to be compensated for other claims which plaintiff had asserted; and where upon subsequent negotiation it was stipulated by the parties that the amount due under the Board's decision was $110,000; it is held that the plaintiff did not, by entering into the negotiated agreement as to the amount due under the Board's preliminary decision, compromise and settle any part of its claim which had been denied by the Board in its preliminary decision. Defendant's motion for summary judgment is denied.

Same; jurisdiction.—As to all parts of its claim that were denied by the Board's preliminary decision, the plaintiff was a party aggrieved, because the decision had been against it. Under Section 13 of the Contract Settlement Act, a war contractor aggrieved by the decision of the Appeal Board may sue on his claim in the United States Court of Claims, which the plaintiff has done and has a right to do. United States

74 (16)

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