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1 Designated Acting Head, Tax Division, effective October 9, 1946. 'Appointed Assistant Attorney General, Lands Division, May 18, 1946. (Transferred to Office of Alien Property.)

• Appointed Assistant Attorney General, Lands Division, March 24, 1947.

ORDER RECALLING HON. FENTON W. BOOTH, CHIEF JUSTICE, RETIRED

Pursuant to authority of Section 375, U. S. Code Title 28 (Judicial Code, section 260, amended), which provides in part that a retired judge of a court of the United States may be called upon either by the presiding judge or senior judge of such court and be by him authorized to perform such judicial duties in such court as such retired judge may be willing to undertake, and pursuant to Section 270, U. S. Code Title 28, as amended by the Act of October 16, 1941 (55 Stat. 741), and the Senior Judge and Acting Chief Justice of the Court of Claims of the United States having determined that it is necessary to recall Honorable Fenton W. Booth, Chief Justice of the Court of Claims, Retired, to active duty and service in the hearing, consideration and decision of the case of William Clark v. The United States, Docket No. 47009, and the Honorable Fenton W. Booth, Chief Justice, Retired, having expressed his consent and willingness to so serve,

NOW THEREFORE, Honorable Fenton W. Booth, Chief Justice, Retired, is hereby, this the 9th day of June, 1947, recalled to active duty and service and made an active member of the Court of Claims for the performance of all judicial duties necessary in the hearing, consideration, and decision of the case of William Clark v. The United States, Docket No. 47009; such active judicial service to commence on June 9, 1947, and continue until the said case is finally decided by the Court of Claims.

(Sgd.) BENJAMIN H. LITTLETON, Senior Judge and Acting Chief Justice.

VII

TABLE OF CASES REPORTED

NOTE. For cases dismissed and not indexed hereunder see page 757

et seq.

ADDISON MILLER, INC., A CORPORATION, ET AL.-

Government contract; obligation of defendant to supply
qualified labor; suit under the Act of July 23, 1937;
insufficient proof.

ADLER METAL PRODUCTS CORPORATION, A CORPORA

TION_

Page

513

102

AKERMAN, ALEXANDER

700

Salaries of resigned and retired Federal Judges not in-
creased by Act of July 31, 1946.

ALBERT & HARRISON, INCORPORATED, A CORPORA

TION__

761

Government contract. Defendant's petition for writ of
certiorari denied by the Supreme Court.

ARKANSAS VALLEY RAILWAY, INC., A CORPORATION_Just compensation. Defendant's petition for writ of certiorari dismissed by the Supreme Court.

760

BANKERS FARM MORTGAGE COMPANY, A CORPORA

TION__.

761

Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

BORAS WAFVERI AKTIEBOLAG_

708

Just compensation; new machinery, which had been pur-
chased for export, requisitioned by the Government.

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Rental of space. Judgment on offer of compromise.

CANISTER COMPANY, THE--

558

Taxes; income and excess profits tax; basis for depreciation;
cost to transferor.

CHEMICAL SERVICE COMPANY (No. 46108).

35

CLEMMER CONSTRUCTION Co., INC. (THE)

718

Government contract; increased labor costs resulting from
Executive Order in sovereign capacity of Government.

IX

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for writ of certiorari denied by the Supreme Court.

DE ARMAS, EUGENE.

436

Government contract for repair of jetty; damage to work
by forces of nature before completion.

DE-RAEF CORPORATION_-_.

255

Social Security tax; definition of employee under the
statutes and applicable Treasury Regulations.

DI BENEDETTO, JOHN..

18

Overtime pay; customs inspector required to work, under
Executive Orders, on certain holidays during war
period.

DORRANCE, WAYLAND C.

29

Overtime pay; U. S. Customs inspector.

DRIER, KATHERINE M....

489

Jurisdiction; claim based upon a law of Congress.

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Pay and allowances; flying pay; waiver of statutory rights
a nullity.

FROEMMING BROS., INC., OF TEXAS--

the Government as a sovereign.

193

Government contract; performance prevented by acts of

FULLER (GEORGE A.) COMPANY (No. 44585)....
GELLATLY, CHARLAYNE WHITELEY, ADMINISTRATRIX_
Acquisition of the John Gellatly collection by the National
Gallery of Art.

70

650

GEORGE A. FULLER COMPANY, A CORPORATION (No. 44585).

Government contract; defendant liable for damages for delays caused by failure to furnish models on time. GUION, HARRY P., TRUSTEE IN BANKRUPTCY (No. 47283)

70

186

Government contract; failure to appeal decision of con-
tracting officer; no allegation of bad faith.

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