REPORT OF DECISIONS

OF

THE SUPREME COURT

IN COURT OF CLAIMS CASES

THE UNITED STATES, PETITIONER, v. MISSISSIPPI VALLEY GENERATING CO., ON ITS OWN BEHALF AND TO THE USE OF OTHERS

No. 479-55

[147 Ct. Cl. 1; 364 U.S. 520; 365 U.S. 855]

On writ of certiorari (362 U.S. 939) to review the action of the United States Court of Claims in holding that respondent's contract with petitioner was not unenforceable by reason of a violation of 18 U.S.C. § 434 (conflict of interest) and that respondent was entitled to recover damages incurred as the result of the wrongful termination of the contract, the Supreme Court reversed, holding that the consultant employed by the Government in connection with the contract had also acted for the sponsors of the project and that his actions violated 18 U.S.C. § 434, and that public policy precluded enforcement of the contract. Rehearing was denied by the Supreme Court, 365 U.S. 855.

WILLIAM AHEARN, ET AL., PETITIONERS, v. THE UNITED STATES

No. 332-55

[151 Ct. Cl. 21; 364 U.S. 932; 365 U.S. 825]

Plaintiffs' petition for writ of certiorari denied by the

Supreme Court January 9, 1961.

Petition for rehearing

denied February 20, 1961.

152 Ct. Cl.

KECO INDUSTRIES, INC., PETITIONER,
v. THE UNITED STATES

No. 416-58

[149 Ct. Cl. 837; 365 U.S. 815]

Plaintiff's petition for writ of certiorari denied by the Supreme Court February 20, 1961.

RADOM & NEIDORFF, INC., PETITIONER,

V. THE UNITED STATES

No. 173-58

[150 Ct. Cl. 826; 365 U.S. 815]

Plaintiff's petition for writ of certiorari denied by the Supreme Court February 20, 1961.

INDEX-DIGEST

ACTIVE DUTY PAY. See Military Pay.

ADJUSTMENTS. See Excess Profits Tax.

ADMINISTRATIVE REMEDIES. See Contracts.

ALLOWANCE IN COMMUTATION OF QUARTERS. See Income Tax.
APPEAL TO HEAD OF DEPARTMENT. See Contracts.

ARBITRARY ACTIONS. See Civilian Pay; Military Pay.

ARMY. See Military Pay.

ARMY OF UNITED STATES WITHOUT COMPONENT. See Military
Pay.

ASSIGNMENT OF CLAIMS. See Contracts.

ASSIGNMENT OF CLAIMS ACT. See Contracts.

ATTORNEYS' FEES. See Income Tax.

ATTORNEYS' LIEN. See Claims Against the United States.

AUTHORITY OF GOVERNMENT AGENT. See Contracts; Estoppel.

AVIGATION EASEMENT. See Eminent Domain;

Actions.

BREACH. See Contracts.

BOOTY OF WAR. See War.

Limitation of

CARDINAL CHANGE. See Contracts.

CAREER COMPENSATION ACT. See Military Pay.

CARRIERS.

CHARGES.

Special contracts as to amount of charges.

Section 22 of the Interstate Commerce Act.

Construction of tariff.

A tariff will be construed as having the meaning which it would
reasonably have and as carrying out the intention of the parties
who negotiated for the rates under section 22 of the Interstate
Commerce Act (49 U.S.C. § 22). Any doubts as to the meaning of
the tariff will be resolved in favor of the shipper. Union Pacific
Railroad Co., 523.

Carriers 192

Nature of Section 22 Quotation.

A Section 22 Quotation is a rate, charge or privilege tendered under
section 22 of the Interstate Comerce Act (49 U.S.C. § 22) which
offers transportation services at rates intended to be lower than
those provided in the applicable published tariffs of the carrier.
Union Pacific Railroad Co., 523.

Carriers

192

649-081-63-57

875

CHANGES. See Contracts.

CHARGES.

See Carriers; Civilian Pay.

CHARITABLE ORGANIZATIONS.

See Income Tax.

152 Ct. Cl.

CITIZENSHIP. See Shipping Act of 1916.

CIVILIAN PAY.

DISMISSAL.

Arbitrary and capricious action.

Charges not sustained in criminal prosecution.

Where a trial court in a criminal proceeding against a discharged
civilian employee of the Government directs an acquittal in connec-
tion with charges which were the same as those on the basis of
which the employee was dismissed from his Government job, it does
not necessarily follow that the civil authorities acted arbitrarily and
capriciously in dismissing the employee. The discharge might still
have been "for the good of the service". Finn, 1.
United States 36

OVERTIME PAY.

Wage board employees.

Travel time.

Where a valid regulation of the Navy Department prescribes the
conditions under which travel time is compensable as overtime,
wage board employees of the Navy are bound thereby and unless
the travel is performed under the conditions specified, it is not
compensable. Thus, where no work was performed enroute nor was
the travel undertaken under arduous conditions, the time spent out-
side the regular workday in such travel is not compensable. Biggs,
545.

Armed Services 27

CLAIMS AGAINST THE UNITED STATES.

ASSIGNMENT OF CLAIMS.

Agreements with attorneys.

Attorneys' liens.

An attorney's contract with his client that he shall receive a part
of the proceeds or award expected in the client's suit against the
United States, does not vest in the attorney a property right for the
taking of which by the United States the attorney can recover just
compensation, because the Anti-Assignment Act (Assignment of
Claims Act) 10 Stat. 170, as amended, 31 U.S.C. § 203, makes a
nullity the attempted transfer to a third person of any property
interest in a claim against the United States. Pittman v. United
States, 127 Ct. Cl. 173, cert. denied 348 U.S. 815. Kearney, 202.
Unted States 111 (6)
CLAIMS FOR REFUND.

See Income Tax.