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ASSISTANT ATTORNEYS GENERAL

(Charged with the defense of the Government)

September 1, 1953, to December 31, 1953

PERRY WILLIAM MORTON

H. BRIAN HOLLAND

WARREN E. BURGER

VI

::

TABLE OF CASES REPORTED

Note.—For cases dismissed and not indexed hereunder

see page 955 et seq.

Pago 945

561

878

142

681

AERO SALES Co...

Commission on sales of surplus equipment; judgment

entered. ALGER, JAMES A..

Pay and allowances; Coast Guard officer retired as Rear

Admiral and recalled to active duty.
ALPHA TANK & SAEET METAL MrG. COMPANY, A
CORPORATION.
Taxes; income and excess profits tax; acquisitions to

evade tax; controlled corporation. ALPIRN, A. B....

Requisition of metal materials; just compensation. AMERICAN Gas MACHINE COMPANY....

Taxes; income and excess profits tax; income earned by

corporations under Government contracts properly
accrued in year earned, although the amounts were

subject to renegotiation in later years. ANDREWS, GILBERT J., ET AL. (No. 73–53)...

Overtime pay; suit under the Act of March 28, 1934;

employees of Alaska Railroad.
ATCHISON, TOPEKA AND SANTA FE RAILWAY COM-
PANY, THE (No. 49759)-.-
Government contract; transportation of jeeps; judgment

entered.
ATLANTIC FISH AND OYSTER Co..

Government contract; termination for failure to perform.
ATLANTIC MEAT COMPANY, INC....
Government contract; judgment entered.

VII

571

950

892

945

Pago 681

951

34

949

417

874

BADGER METER MANUFACTURING COMPANY..

Taxes; income and excess profits tax; income earned by

corporations under Government contracts properly
accrued in year earned, although the amounts were

subject to renegotiation in later years.
BAGDY, ALEXANDER, JR., ET AL. (No. 217–52)---

Suits for salary and for per diem pay; judgments entered. BARLING, W. E.---

Government contract; agreement by defendant to deliver

materials; failure not a breach of the contract. BERKOWITZ, ARTHUR M.--

Government contract; defendant's motion for summary

judgment overruled. BICKHAM (AMELIA HERR), THIRD PARTY PLAINTIFF (No. 50146) -Government contract; lease agreement; failure to make

necessary repairs. BLACKBURN, BRUCE B. (No. 417-52).

Government contract; motion for summary judgment

denied. BLACKBURN, BRUCE B. (No. 431-52)--

Government contract; motion for summary judgment

denied.
BLOEDORN (EDITH), EXECUTRIX OF THE ESTATE OF
Rose L. SUTHERLAND, DECEASED.--
Estate tax; basis for determining the deduction for prop-

erty previously taxed. BÒRDEN, EMIL..

Suit for amount withheld from salary on account of

robbery of Army Post Exchange; jurisdiction. BRAD FOOTE GEAR WORKS, INC.

Taxes; income and excess profits tax; income earned by

corporations under Government contracts properly
accrued in year earned, although the amounts were

subject to renegotiation in later years. BROWN & Root, INC.-.

Government contract; money withheld in final settlement

to pay claims against plaintiff.

872

591

902

681

684

Page 877

925

946

943

945

532

CAMPBELL, JAMES J-----

Suit for balance due on loan to registered one-quarter

Indian; no cause of action against the United States. CARLISLE, VERNON R..

Patents; alleged infringement of safety device for vehicle

passengers. CENTRAL BANK, A CORPORATION

Assignment of Claims Act; priority of United States tax

claim over plaintiff's claim as assignee of contract;

judgment entered.
CHESAPEAKE AND Ohio Railway COMPANY, A COR-
PORATION (No. 198–52)----
Government contract; transportation of jeeps by railroad;

judgment entered.
CHICAGO, Rock Island & Pacific RAILROAD Com-
PANY (No. 48284)--

Transportation of freight; judgment entered. CIAFFONE, ALBERT J.---

Suit for salary; Veterans' Preference rights; employee of

War Department at Detroit.
CONDENSER SERVICE AND ENGINEERING COMPANY,
INCORPORATED...
Government contract; conditional acceptance of bid for

surplus property.
CONSOLIDATED VULTEE AIRCRAFT

VULTEE AIRCRAFT CORPORATION (Nos. 49918, 262-52, 263–52)----

Government contracts; judgments entered. CONTAINER RECLAIMING COMPANY, INC.--

Government contract; judgment entered for defendant.
CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST

COMPANY OF CHICAGO, EXECUTOR OF THE LAST
WILL AND TESTAMENT OF ALFRED N. SEVERIN,
DECEASED, AND AUTHORIZED LIQUIDATOR OF THE
AFFAIRS OF N. P. SEVERIN COMPANY (No. 45741)--
Government contract; low-cost housing project; plain-

tiff as successor of contracting firm entitled to recover on certain claims.

186

948

951

631

Pago

948

943

133

944

100

945

CONTRACTORS CONSTRUCTION CORPORATION.....

Government contract; judgment entered.
COOPER (H. P.), d/b/a H. P. COOPER & COMPANY..

Government contract; judgment entered.
DELIS (NICK) COMPANY, INC. (No. 627–52)-----

Government contract; ceiling price applicable to pur

chase of potatoes regardless of contract price. DULUTH, South SHORE AND ATLANTIC RAILROAD COMPANY, A CORPORATION (No. 48537)

Transportion of freight; judgment entered. ELASTIC STOP NUT CORPORATION

Government contract; interpretation of Supplemental

Agreement; case referred to commissioner for further

proceedings. ELDER, Karl R..-

Pay and allowances; judgment entered.
ESTONIAN STATE CARGO AND PASSENGER STEAM-

SHIP LINE, AND INTERVENING PLAINTIFFS, TAL-
LINNA LAEVAEHISUS (Tallinn SHIPPING Com-
PANY), JOSEP FERDINAND MAIPALU, BY A. Nur-
MISTE, MANDATORY, ISAAK KAIN, LIQUIDATOR
AND ADMINISTRATOR OF THE ESTATES OF JOHANNES
LINKRUUS, THEODOR LIIMAN, ISAAK KAIN, JULIUS
TRUUBERK, AND JOHANNES INKAPOOL --

Requisition of vessel; plaintiffs' petition dismissed.
ETERPEN FINANCIERA SOCIEDAD DE RESPONSABILI-
DAD LIMITADA..
Income tax; amounts withheld by licensees under agree-

ment for use of patents. Plaintiff's petition for writ

of certiorari denied by the Supreme Court. FARWELL COMPANY, INC.---

Summary judgment denied where issue of material fact

is involved. FRUHAUF SOUTHWEST GARMENT Co..

Government contract; claim of economic duress in price

revision not sustained.

809

963

317

51

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