150 Ct. Cl.

CONSTANTINE GUINESS, PETITIONER, v.
THE UNITED STATES

No. 438-58

[149 Ct. Cl. 1; 363 U.S. 819]

Plaintiff's petition for writ of certiorari denied by the Supreme Court June 13, 1960.

R. C. OWEN COMPANY, PETITIONER, v.
THE UNITED STATES

No. 390-57

[149 Ct. Cl. 96; 363 U.S. 819]

Plaintiff's petition for writ of certiorari denied by the Supreme Court June 13, 1960.

THE UNITED STATES, PETITIONER, v.

RAYMOND SAULNIER

No. 471-54

[148 Ct. Cl. 507; 363 U.S. 829]

Defendant's petition for writ of certiorari denied by the Supreme Court June 20, 1960.

CECIL W. ARMSTRONG, ET AL., PETITIONERS, v. THE UNITED STATES

No. 532-56

[144 Ct. Cl. 441; 364 U.S. 40]

On writ of certiorari (361 U.S. 812) to review the action of the United States Court of Claims in dismissing plaintiffs' petition to recover just compensation for the taking or destruction of their materialmen's liens which occurred when the Government, exercising an option under the contract, required the shipbuilder to transfer to the Government title to the uncompleted boats and materials on hand, the Supreme Court reversed, holding that title to the property was in the shipbuilder when the materials were furnished and the materialmen's liens attached despite the fact that it was contemplated that title would eventually vest in the Government; that the liens on the boats and materials prior to

881

transfer to the Government were compensable property interests within the meaning of the Fifth Amendment to the Constitution and since the Government's action destroyed the value of the liens, there was a taking of the liens for which just compensation must be paid.

ACTIVE DUTY PAY. See Military Pay.

ADMINISTRATIVE DECISIONS. See Contracts.

ADMINISTRATIVE REMEDIES. See Contracts; Laches.

ADMINISTRATOR OF VETERANS' AFFAIRS.

Jurisdiction.

AGENCY.

LIABILITY OF PRINCIPAL TO THIRD PERSON.

Criminal acts of agent.

See Court of Claims-

A principal is not responsible for the criminal acts of its agent
who is acting outside the scope of his employment. Inland Truck-
ing Corp., 642.

Principal and Agent 150 (1)

AMENDMENT OF PLEADINGS. See Indian Claims; Pleading and
Practice.

ANNUAL LEAVE PAYMENT. See Civilian Pay.

ANNUITIES. See Indian Claims.

ANSWER PERSONALLY. See Civilian Pay.

APPELLATE REVIEW. See Indian Claims.

ASSIGNMENT OF CLAIMS. See Contracts.

ASSIGNMENT OF CLAIMS ACT. See Contracts.

AVIGATION EASEMENT.

See Eminent Domain.

BOARD OF APPEALS AND REVIEW. See Civilian Pay.

BREACH. See Contracts.

BUMPING RIGHTS OF VETERANS. See. Civilian Pay.
CARRIERS.

CARRIAGE OF GOODS.

CHARGES.

Freight receiving special passenger service.

Where at the request of the Government shipper, the carrier renders
expedited services in the transportation of milk from dairies so that
the shipment took two hours rather than two days, and where the
carrier relinquished its right to restrict shipments to tracks which
it designated and paid trackage charges out of its own revenues,
the services requested and rendered were not purely freight serv-
ices and the carrier was entitled to receive the rate for freight
moving in passenger service with special passenger switching serv-
ices. St. Louis-San Francisco Railway Co., 610.

150 Ct. Cl.

CARRIERS-Continued

CARRIAGE OF GOODS-Continued

CHARGES-Continued

Limitation of actions on claim for charges.

A common carrier's cause of action to recover amounts deducted in
1951 and 1952 from sums otherwise due, to recoup claimed over-
charges or overpayments for shipments made in 1946, accrued when
the deductions were made in 1951 and 1952. St. Louis-San Fran-
cisco Railway Co., 610.

Government agents are authorized to contract for shipments by
common carriers only at rates which do not exceed those offered to
the public by published tariffs applicable to the particular ship-
ments. St. Louis-San Francisco Railway Co., 610.
Carriers 192

SECTION 22 QUOTATION.

Transportation for Government.

Items not covered.

Where a section 22 quotation (Interstate Commerce Act, 49 U.S.C.
§ 22) covers only transcontinental shipments for export but does
contemplate that short hauls for export will fall under other appro-
priate published tariffs, the applicable tariff which is specified
for export must be applied rather than the higher tariff for do-
mestic shipments. Western Pacific Railroad Co., 1.
Carriers 189

Port service charges.

Where a section 22 quotation provides for the payment of a port
service charge for certain port services which were actually ren-
dered, the charge was properly made. Western Pacific Railroad Co.,
1.

Carriers 189

Rate increase.

Where a section 22 quotation covers the transcontinental shipment
for export of Government-owned and shipped items, i.e., landing
mats, at special rates, the general rate increase applicable to land-
ing mats is applicable to such section 22 quotation shipments rather
than the lower maximum rate increase applicable to manufactured
iron and steel, despite the fact that the section 22 quotation rate
for transcontinentally shipped landing mats happened to be the
same as a manufactured iron and steel rate which never went into
effect. Western Pacific Railroad Co., 1.
189

Carriers