ASSISTANT ATTORNEYS GENERAL

(Charged with the defense of the Government)

December 1, 1950, to March 31, 1951

*Mr. Morison was transferred to the Anti-Trust Division January 6, 1951.

Mr. Baldridge entered upon his duties in the Claims Division March 29, 1951.

TABLE OF CASES REPORTED

NOTE. For cases dismissed and not indexed hereunder
see page 647 et seq.

A. ALLAN SILVERTON, ET AL. (No. 47674).. Government contract; sale of mattresses as surplus property; veterans' priority under the applicable statutes.

ALCEA BAND OF TILLAMOOKS (No. 45230).

Motion to file briefs as amici curiae denied by Supreme
Court.

Page

232

650

ALCEA BAND OF TILLAMOOKS, ET AL. (No. 45230)..
Indian claims; judgment including interest.
by the Supreme Court.

653

Reversed

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
(Nos. 48789 and 48944)___.

Transportation of Government property; offset by Gov-
ernment allowed against admitted claim of railroad.

194

ATKINSON (GUY F.) COMPANY AND W. E. KIER CON-
STRUCTION Co. (No. 49515)_.

624

Government contract; judgment entered.

ATLANTIC COAST LINE RAILROAD COMPANY, A

CORPORATION (No. 48900).

622

Transportation of freight; judgment entered.

AWAD (E.) & COMPANY, INC., INTERVENOR (No.

48340-B)......

623

Requisition of property in Philippines; judgment entered
in favor of intervenor.

BINSFELD, ALBERT J...

164

Suit for loss of payroll funds by Army finance officer.

BLUE BELL, INC. (No. 48833)..

622

Income and excess profits tax; motion for new trial allowed.

BOLGER-PARKER COMPANY...

624

Government contract; judgment entered.

BORG-WARNER CORPORATION, IN ITS OWN RIGHT AND
AS SUCCESSOR TO THE MARVEL CARBURETER CO--
Government contract; suit on alleged contract "implied in
law" under Special Jurisdictional Act. Plaintiff's peti-

tion for writ of certiorari denied by the Supreme Court.

Page

650

BRADY (JOHN T.) & Co. INC.

Government contract; judgment entered.

BRAUNSCHWEIGER, EDWARD F..

Jurisdiction; Trading With the Enemy Act; statute of
limitations.

625

289

BROOKLYN WATERFRONT TERMINAL CORPORATION__ Rental of property by Government; claim for alleged breach of covenants of lease. Plaintiff's petition for writ of certiorari denied by the Supreme Court.

650

BROOKS EQUIPMENT AND MANUFACTURING COMPANY.

339

Income and excess profits tax; credit for deficit in accumu-
lated earnings and profits.

Eminent domain; just compensation; steel owned by
Portuguese corporation requisitioned under National
Defense Act of 1940.

COPPER RIVER PACKING COMPANY, A CORPORATION_ Eminent domain; requisition of use of two vessels, cannery tenders, on bareboat charter basis.

561

CROWN CORK & SEAL COMPANY, INC...

156

Taxes; documentary stamp tax on exchange of stock; in-
crease in value of new shares over old shares only to be
taxed.

CUSTOMS SERVICE PAY CASES...

645

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.

DANIEL C. ROBINSON, INC. (No. 46250)..

414

Eminent domain; just compensation for requisition of use
of barges and tug; interest for delay in payment.

Pay and allowances; allowances for quarters and rations due Army enlisted man during period of captivity. EASTERN (EMIGRANT) CHEROKEE INDIANS, ET AL. (Appeals Nos. 2 and 3)

Indian claims; res adjudicata; decisions of Indian Claims
Commission affirmed on appeal. Appellants' petitions
for writs of certiorari denied by the Supreme Court.

ERTLE (KARL JOSEPH), RAYMOND CHARLES JENNE,
CHARLES FRANCIS STEWART, LEONARD CHRIS
BENDER (No. 49610) --

Income tax; failure to file claim for refund of penalty as-
sessments; jurisdiction.

649

57

FARIES (MOLLY Z.), AN INDIVIDUAL, WAYNE TITLE
AND TRUST COMPANY, ADMR. C. T. A. (No. 49067)-
Patent; suit for infringement by Government.

594

GOLDSTEIN, ABRAHAM I..

Suit for salary; Government employee improperly discharged, without notice and hearing; offset allowed. GRAHAM (HATTIE TRUAX), FORMERLY HATTIE TRUAX...

147

625

Report to United States Senate; death in Government
dormitory due to negligence in enforcing fire regulations.

GREENE, HARRY B. (No. 47418).

248

Overtime pay under 1931 Act; Immigration Border Patrol. IMMIGRATION AND NATURALIZATION PAY CASES--Judgments entered on the authority of Gibney v. United States, 114 C. Cls. 38, Taylor v. United States, 114 C. Cls. 59, and Ahearn v. United States, 114 C. Cls. 65.

JACOBSON, ISRAEL....

Eminent domain; just compensation; vessels requisitioned
by the Government in 1942.

KAUFMAN, FREDERICK G...

626

327

91

Suit for salary; Government employee improperly dis-
charged, without notice and hearing; offset allowed.

KIER (W. E.) CONSTRUCTION Co., ET AL. (No.

49515)_

Page

624

Government contract; judgment entered.

LEVY, S. LEON..

106

Suit for salary; res judicata; laches; demurrer overruled.

LEWIS, ELLIS R. (No. 48903)- -

651

Income tax; refund of proportionate amount of tax based
on partial refund of bonus. Reversed by Supreme
Court.

LORD MANUFACTURING COMPANY (No. 47500) -----
Requisition of property; judgment for defendant.
LOYAL BAND OF CREEK INDIANS (Appeals Docket
No. 7)----

621

373

Indian claims; award by United States Senate on claim of
the Loyal Band of Creek Indians; decision of Indian
Claims Commission reversed.

LYM-HORMAN CONSTRUCTION COMPANY, THE.......... Government contract; delay in completion not due to fault of Government.

202

MCVANE, FRANCIS JOHN---

500

Pay and allowances; unmarried enlisted man in Naval
Reserve not entitled to allowance for quarters when
quarters were available and accessible.

MCWILLIAMS DREDGING COMPANY, A CORPORATION_ Government contract; lease of dredge; determination of "pay time."

1

MAGALE, JOHN F.

183

Income tax; net operating loss carry-over; percentage
depletion allowance; taxable net income.

MARSHALL DRUG COMPANY, THE

532

Income tax; reduction in liabilities resulting from accounts
payable settlements properly considered as income.

MARTILLA, EDWARD J...

177

Suit for salary; demurrer sustained.

MATTARO, DON JAMES..

Suit for salary; judgment entered.

624