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LEGISLATION RELATING TO THE COURT OF
PRIVATE LAW 86-385
86TH CONGRESS, H. R. 3122
Directing the Secretary of the Interior to issue a homestead patent to the heirs of Frank L. Wilhelm.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to issue a patent conveying to the heirs of Frank L. Wilhelm, deceased, a fee simple title for the land and minerals included in homestead entry Cheyenne 043849, comprising lots 3, 4, section 7; lot 1, northeast quarter northwest quarter section 18; township 57 north, range 97 west, sixth principal meridian, Wyoming, on the basis of rights earned by compliance with the homestead laws effective January 17, 1929.
SEC. 2. Upon issuance of a patent pursuant to section 1 of this Act, the owners of such patent shall be substituted for the United States as lessor under oil and gas lease Cheyenne 067759 issued as of January 1, 1946, to Dorothy Atwood Fox, insofar as said lease covers land included in said patent, effective as of the date of approval of this Act.
SEC. 3. Nothing contained in section 1 or 2 of this Act shall prejudice determination by the Court of Claims, in accordance with the law in effect prior to enactment of this Act, of any claim of right by the heirs of Frank L. Wilhelm to have paid to them moneys which have heretofore accrued or been paid to the United States under oil and gas lease Cheyenne 067759, and said court is hereby authorized, notwithstanding lapse of time, to hear, determine, and render judgment in any such suit that may be brought within one year from the date of this Act.
Approved July 5, 1960.
(74 Stat. A61)
LEGISLATION RELATING TO THE COURT OF CLAIMS
PRIVATE LAW 86-408
86TH CONGRESS, S. 2277
For the relief of the Geo. D. Emery Company.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the Geo. D. Emery Company, of New York, New York, the sum of $20,000. The payment of such sum shall be in full satisfaction of all claims of such company against the United States for reimbursement and compensation due for services performed by such company between 1950 and 1953 in cooperation with the Reconstruction Finance Corporation and other Government agencies in connection with a project to establish for the United States an eight thousand acre abaca plantation in Ecuador.
(b) The sum appropriated by this section is the amount found by the Court of Claims, acting pursuant to S. Res. 102, Eighty-fourth Congress, to be equitably due the Geo. D. Emery Company as a result of the performance by such company of the services referred to in subsection (a) of this
SEC. 2. No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 12, 1960.
(See 145 Ct. Cl. 71)
THE UNITED STATES COURT OF CLAIMS
June 1, 1960, to July 31, 1960, 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.
THE WESTERN PACIFIC RAILROAD COMPANY v. THE UNITED STATES
[No. 82-55. Decided June 8, 1960. Defendant's motion for
ON THE PROOFS
Carriers; carriage of goods by rail; section 22 quotation; transportation for the Government; rate increase.-In an action to recover transportation charges withheld by the United States on bills of lading covering aircraft landing mats shipped to the Pacific Coast ports under a section 22 quotation (49 U.S.C. § 22 (1958)), it is held (1) that where the section 22 quotation contained a special rate for airfield landing mats shipped transcontinentally for export, the general rate increase applicable to airfield landing mats was applicable rather than the lower maximum rate increase applicable to manufactured iron and steel items; (2) that inasmuch as the negotiated section 22 quotations provided for a port service charge of 5 cents per 100 pounds, and for port services which were provided, the charge was properly made; and (3) that with respect to shipments of landing mats from Ogden, Utah, to Oakland, California, for export, such short nontranscontinental haul was not covered by the section 22 quotation, but the quotation contemplated the application of other tariffs to such hauls, and thus, where one of the two suggested tariffs is applicable to goods shipped for export, that one must be applied rather than the higher one covering domestic shipments. Judgment for plaintiff.
Carriers; carriage of goods; section 22 quotation; transportation for the Government; rate increase.—Where a section 22 (of