146 C. Cls. Jacob Alpar. No. 359-58. JUNE 19, 1959 Tort claim. Plaintiff, a former civilian employee of the Air Intelligence Service Wing of the Air Force serving in Germany and subsequently retired for disability, sues to recover damages for alleged torts committed by the United States officials for breach of an implied fiduciary obligation on the part of his employers, and for the alleged appropriation of his unpublished essays, compositions and statements. Upon consideration of plaintiff's and defendant's motions for summary judgment, together with the respective responses, and oral argument by the parties, it was ordered on June 19, 1959, that plaintiff's motion be and the same is denied, defendant's motion is granted, and plaintiff's petition is dismissed on the ground that it fails to state a cause of action within the jurisdiction of this court. Plaintiff's motion for rehearing was overruled October 7, 1959. REPORT OF DECISIONS OF THE SUPREME COURT IN COURT OF CLAIMS CASES NORTH AMERICAN VAN LINES, INC., PETITIONER, v. THE UNITED STATES No. 16-58 [144 C. Cls. 641; 359 U.S. 1011] Plaintiff's petition for writ of certiorari denied by the Supreme Court June 1, 1959. JOHN M. KEARNEY, PETITIONER, v. THE UNITED STATES No. 1-55 [140 C. Cls. 523; 360 U.S. 916] Plaintiff's petition for writ of certiorari denied by the Supreme Court June 22, 1959. MCCORMICK AND COMPANY, INCORPORATED, PETITIONER, v. THE UNITED STATES No. 396-55 [145 C. Cls. 160; 360 U.S. 916] Plaintiff's petition for writ of certiorari denied by the Supreme Court June 22, 1959. A. CRAWFORD GREENE, ET AL., PETITIONERS, v. THE UNITED STATES No. 539-53 [145 C. Cls. 259; 360 U.S. 933] Plaintiffs' petition for writ of certiorari denied by the Supreme Court June 29, 1959. INDEX-DIGEST ACTIVE DUTY PAY. See Military Pay. ADMINISTRATIVE REMEDIES. See Civilian Pay; Contracts. ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALI- ARMY OF THE UNITED STATES WITHOUT COMPONENT. See Mili- AUTHORITY OF GOVERNMENT AGENT. See Eminent Domain; Gov- BANKRUPTCY ACT. See Civilian Pay; Court of Claims-Jurisdiction. CAREER COMPENSATION ACT. See Military Pay. CARRIERS. CARRIAGE OF GOODS. Intrastate shipment. Federal Government's right to contract. The United States is free to contract for intrastate transportation Implied contract. Where a written contract between the Government and the carrier Carriers 192 146 C. Cls. CARRIERS-Continued CARRIAGE OF GOODS-Continued Intrastate shipment-Continued Published tariff usually applicable. It will not be presumed that parties to an intrastate contract of Carriers 192 What constitutes. Where gasoline is delivered to a port terminal within a state and Where a dismissed civilian Government employee fails to pursue 72(2) CIVIL SERVICE RETIREMENT ANNUITY. Widow's survivor annuity. Where the statute does not require a written application but only |