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ASSISTANT ATTORNEYS GENERAL

(Charged with the defense of the Government)

July 1, 1952, to December 31, 1952

1

WM. AMORY UNDERHILL
RALPH J. LUTTRELL 2
JAMES M. MCINERNEY 3

ELLIS N. SLACK 4
CHARLES S. LYON 5
HOLMES BALDRIDGE

1 Resigned July 5, 1952. : Designated Acting Head, Lands Division, July 7 to Aug. 11, 1952. • Appointed Assistant Attorney General, Lands Division, Aug. 12, 1952. * Designated Acting Head, Tax Division, July 1 to Sept. 15, 1952. • Designated Acting Head, Tax Division, Sept. 16, 1952, Recess Commission Sept. 25, 1952.

VI

TABLE OF CASES REPORTED

NOTE.—For cases dismissed and not indexed hereunder

see page 883 et seq.

Page

520

880

769

456

767

A. H. BULL STEAMSHIP Co. (No. 62-52).

Government contract; purchase of ships under the

Merchant Ship Sales Act of 1946.
A. H. BULL STEAMSHIP Co. (No. 62–52)---

Government contract. Plaintiff's motion for summary

judgment granted. ABBATE, JOSEPH, ET AL. (No. 50489)--

Suit for per diem pay; employees demoted and later

restored on appeal. ADELHARDT CONSTRUCTION COMPANY.

Government contract; money properly withheld on 1948

contract where contractor failed to perform 1944

contract.
AGUIRRE, BENIGNO A.---

Statute of limitations; eminent domain.
ALASKA-PACIFIC CONSOLIDATED MINING COMPANY..

Just compensation; suspension of mining operations under

War Production Board order. Plaintiff's motion for

new trial and for filing of amended petition allowed. ALEXANDER, PAUL DUDLEY..

Jurisdiction; suit by employee of railroad. Plaintiff's

petition for writ of certiorari denied by the Supreme

Court.
AMERICAN CONSTRUCTION COMPANY, THE..

War Contract Hardship Claims Act or Lucas Act; statute

of limitations.
AMERICAN NATIONAL BANK AND TRUST COMPANY

OF CHICAGO, TRUSTEE AND CHICAGO STREAMLITE
CORPORATION --
Reimbursement for losses caused by inability to operate

plant; judgment entered.

866

893

408

879 Page

127

150

101

101

ATCHISON, TOPEKA AND SANTA FE RAILWAY COM-
PANY, THE (No. 47731)..
Transportation of ore from Mexico for Metals Reserve

Company; switching charges at El Paso.
BARAS PLANTATION COMPANY, INC., A CORPORATION-

Eminent domain; taking of palm trees on Philippine

plantation. BARNES (JAMES I.) CONSTRUCTION COMPANY (No. 46774)-Government contract; increased costs and delay by

reason of labor conditions; counterclaim.
BARNES (JAMES I.), EMILY STUDEBAKER, VIRGINIA

BARNES, LUCILLE DROMPP, DORIS HILLIS, BETTY
MUELHAUSEN, MARJORIE SPARLING, AND CLARA
MEDLAND, COPARTNERS, DOING BUSINESS UNDER
THE NAME AND STYLE OF JAMES I. BARNES CON-
STRUCTION COMPANY (No. 46774).
Government contract; increased costs and delay by

reason of labor conditions; counterclaim. BERRY, ALBERT G., JR..

JR-----
Pay and allowances; retired Commander in Navy.
BELL AIRCRAFT CORPORATION..

Government contract; experimental and development

expenses and production tooling costs incurred in prior
fixed-price contracts recoverable under cost-plus-a-
fixed-fee contract. Judgment for the plaintiff. Af-

firmed by the Supreme Court October 27, 1952. BINGHAMTON CONSTRUCTION Co., INC.

Government contract; misrepresentation as to wage scales.
BOARD OF COUNTY COMMISSIONERS OF SEDGWICK
COUNTY, STATE OF KANSAS (No. 50117)-
Taxes on RFC property; judgment under Jurisdictional

Act.
BRENNAN, JOSEPH M...

Suit for salary; suit for difference claimed in classification

of employee separated from service by reduction in force.

530

892

804

304

326 Page 901

262

520

880

894

517

BRYANT, JOSEPH B..

Suit for salary; Civil Service employee in Post Office

separated for good of the service and later reinstated.
Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
BUCHSBAUM (S.) & Co., A CORPORATION.

Contract Settlement Act; suit barred by previous decision.
BULL (A. H.) STEAMSHIP Co. (No. 62-52)--

Government contract; purchase of ships under the Mer

chant Ship Sales Act of 1946. BULL (A. H.) STEAMSHIP Co. (No. 62-52).

Government contract. Plaintiff's motion for summary

judgment granted. CALTEX (PHILIPPINES), Inc. (No. 48324)-

Eminent domain; taking and destruction of private prop

erty in time of war to prevent enemy possession. Re

versed by the Supreme Court. CARPENTER, EDGAR M. (No. 50269).

Overtime pay for services performed in Hawaii by im

migration inspector on Sundays and holidays; res

adjudicata. CARPENTER, EDGAR M. (No. 50269)---

Overtime pay; motions for summary judgment denied. CATZ-AMERICAN COMPANY, INC

Requisition of pepper; just compensation on basis of

ceiling price at date of requisition. CENTRAL BANK, A CORPORATION (No. 49825) --

Assignment of Claims Act; tax claim of United States has

priority over plaintiff's claim as assignee. CHALKER AND LUND CO..

Government contract; excess costs; inspection of site

prior to execution of contract.
CHESAPEAKE AND OHIO RAILWAY COMPANY, A
CORPORATION (No. 198–52)----
Government contract; transportation of jeeps by railroad

entitled to freight rate as passenger vehicles.

880

773

237

381

529

Pago

372

176

891

591

871

CLEVELAND WRECKING COMPANY, OF CINCINNATI,
INC., A CORPORATION, OF THE STATE OF DELAWARE.
Government contract; defendant's motion denied where a

genuine issue is presented in the pleadings. Coat CORPORATION OF AMERICA.--

Government contract; supplemental agreement entered

into without authority after termination of contract. CREEK NATION (THE), APPELLEE (Appeals No. 14)--

Indian claims; appeal from Indian Claims Commission;

decision of Commission reversed. Petitions for writs

of certiorari denied by the Supreme Court. CROOK, Louis H., ET AL. (Nos. 46000 and 46269) ---

Patents; validity; infringement; device to eliminate inter

ference with radio reception in airplanes and auto

mobiles. CUSTOMS SERVICE PAY CASES..

Judgments entered following opinion in cases of Myers

et al., 320 U. S. 561, 101 C. Cls. 859, and O'Rourke,

109 C. Cls. 33. DAMPSKIBSSELSKABET "HAFNIAAKTIESELSKAB et al., (Nos. 47749, 47750, 47751)----

Requisition of vessels; judgment entered. DANFORTH, G. W...

Pay and allowances; retired Navy officer not entitled to

proceed time.” Plaintiff's petition for writ of cer

tiorari denied by the Supreme Court. Day, John C.--.

Pay and allowances; travel pay of Navy officer, tem

porary appointment, on terminal leave. DE GUIA (FRANCISCA) AND BEATRIZ B. PALMARES.-

Statute of limitations; wartime suspension. Plaintiffs'

petition for writ of certiorari denied by the Supreme

Court.
DEIBLER (MARK T.), TRADING AS THE NEW HOPE
PRESS...
Jurisdiction of Court of Claims under Lucas Act, as

867

901

10

894

664

amended; time limitation as to contracts.

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