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UNITED STATES CODE

Title 5, Section 667; McGowan.
Title 28, Section 156; Myers Co.-----
Title 31, Section 725 (t); N. Y. Rayon....
Title 35, Section 68; John Stub.
Title 38, Section 11 a-2; Killian ---
Title 38, Sections 701 (a), 705; Killian...
Title 46, Sections 593, 678, 679; American Mail Line-

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1

JUDICIAL CODE

Section 156; Myers Co...-

459

REVISED STATUTES

Sections 3466, 3468; National Surety Corporation...
Section 3744, National Carloading Corporation.-

415
479

LEGISLATION RELATING TO THE COURT OF

CLAIMS

(PRIVATE LAW 467—79TH CONGRESS)
[CHAPTER 160—2D SESSION)

[H. R. 1838]

· AN ACT To confer jurisdiction upon the Court of Claims to hear, determine,

and render judgment upon a certain claim of A. G. Bailey against the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and render judgment upon the claim of in hear determinand mod erne A. G. Bailey, Norfolk, Virginia, against the United States for alleged damages caused by the alleged negligent allowance by the United States Army authorities in charge of Camp Ashby, Virginia, of the flow of sewage from said camp over and across certain oyster grounds situated in the Western Branch or Lynnhaven River in Princess Anne County, Virginia, which grounds had been leased by the said A. G. Bailey adjacent to certain real property owned by him.

SEC. 2. Proceedings for the determination of said claim shall be had in the same manner as in cases of which said court has jurisdiction under the provisions of section 145 of the Judicial Code, as amended: Provided, That suit hereunder shall be instituted within four months after the enactment of this Act: And provided further, That this Act shall be construed only to waive the immunity from suit of the Government of the United States with respect to the claim of the said A. G. Bailey and not otherwise to affect any substantive rights of the parties. Approved April 20, 1946.

697795–46—pol. 105_ 2

XVII

[Public Law 410—79TH CONGRESS]
(CHAPTER 378—2D SESSION)

(H. R. 4567)

AN ACT To amend the Act entitled "An Act conferring jurisdiction upon the

the United States Court of Claims to hear, examine, adjudicate, and render judgment on any and all claims which the Ute Indians, or any tribe, or band thereof, may have against the United States, and for other purposes," approved June 28, 1938.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Act of June 28, 1938 (52 Stat. 1209, 1211), entitled “An Act conferring jurisdiction upon the United States Court of Claims to hear, examine, adjudicate, and render judgment on any and all claims which the Ute Indians, or any tribe, or band thereof, may have against the United States, and for other purposes," approved June 28, 1938, be, and the same hereby is, amended so as to read in full as follows:

“Upon the final determination of any suit, cause, or action instituted hereunder, whether by judgment, compromise, or otherwise, the Court of Claims, in the event of success by any plaintiff, or in the event any claim asserted by any of said bands of Indians shall be compromised or settled without the institution of any suit hereunder, the Secretary of the Interior shall decree that there shall be paid to the attorney or attorneys employed therein by said plaintiff under contracts negotiated or entered into as provided by existing law, such fees as, based upon a quantum meruit, it or he shall find reasonable. In no case shall the fees decreed by said Court of Claims and/or by the Secretary of the Interior be in excess of the amount stipulated in the contracts approved by the Commissioner of Indian Affairs and the Secretary of the Interior, and in no event to exceed 10 per centum of the amount of the recovery, and shall be paid upon money being appropriated for the benefit of any bands of Ute Indians pursuant to any judgment or settlement hereunder whether distributable thereto or not. In determining the amount of fees payable to the attorney or attorneys the Court of Claims, or the Secretary of the Inte

rior, as the the case may be, shall consider all services rendered by such attorney or attorneys, including services rendered before the Members and committees of Congress, any department or commission of the Government, and the courts. The actual expenses of said attorney or attorneys heretofore or hereafter incurred or expended in prosecuting any suit, cause, or action instituted under this Act shall be paid as provided in the contracts approved by the Secretary of the Interior under which such suit, cause, or action is instituted and the tribal funds of the Ute Indians represented in such suit, cause, or action are hereby made available for expenditure for that purpose.”

Approved June 11, 1946.

(PRIVATE Law 658–79TH CONGRESS)
(CHAPTER 414—2D SESSION)

(S. 470)

AN ACT To confer jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim or claims of W. P. Richardson, as successor and assignee of W. P. Richardson and Company, of Tampa, Florida.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims of the United States to hear, determine, and render judgment upon the claim, or claims, of W. P. Richardson, as successor and assignee of W. P. Richardson and Company, of Tampa, Florida, a partnership composed of W. P. Richardson, George W. Hessler, and L. C. Park, for any losses and damages sustained under the terms of a contract entered into with the United States Shipping Board Emergency Fleet Corporation involving a housing development at or near South Jacksonville, Florida, on or about July 8, 1918, by reason of certain housing needs during World War I.

Sec. 2. Suit upon such claim may be instituted at any time within one year after the date of enactment of this Act, notwithstanding the lapse of time or any statute of limitations. Proceedings for the determination of such claim, and appeals from any payment of any judgment thereon, shall be in the same manner as in the case of claims over which such court has jurisdiction under section 145 of the Judicial Code, as amended.

Approved June 15, 1946.

(PRIVATE LAW 660—79TH CONGRESS)
(CHAPTER 416—20 SESSION]

(H. R. 3094)

. AN ACT Conferring jurisdiction upon the Court of Claims of the United States

to consider and render judgment on the claim of the Zephyr Aircraft Corporation against the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims of the United States to hear, determine, and render judgment on the claim of the Zephyr Aircraft Corporation, as successor to the Lenert Aircraft Corporation, against the United States for compensation for damage, injury, and losses suffered by the said Lenert Aircraft Corporation, because of the refusal by officials of the War Department to make a contract with the said Lenert Aircraft Corporation in compliance with section 10 of the Act of July 2, 1926 (44 Stat. 784), pursuant to a design competition for the procurement of primary training planes, which was projected by circular proposal 39–635, dated March 11, 1939.

SEC. 2. In the determination of such claim, the United States shall be held liable for damages, and for any acts committed by any of its officers or employees, to the same extent as if the United States were a private person.

Sec. 3. Suit upon this claim may be instituted at any time within one year after the passage of this Act, notwithstanding the lapse of time, laches, the form and content of protest, and supporting papers thereof. Proceedings upon the determination of such claim and appeals from the payment of any judgment thereon, shall be in the same manner as in the case of claims over which the court has jurisdiction under section 145 of the Judicial Code as amended.

Approved June 15, 1946.

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