ORDERS OCTOBER 1, 1959, TO NOVEMBER 30, 1959 CONG. NO. 12-54. OCTOBER 7, 1959 J. Marvin Boyd, d/b/a Jacksonville Garment Company. Congressional reference; contract. The case comes before the court pursuant to H. Res. 638, 83d Cong., 2d Sess., referring H.R. 5813 to the court for a report as to whether plaintiff has a legal or equitable claim against the United States, and the amount, if any, legally or equitably due from the United States. Plaintiff's claim is for the amounts it was compelled to pay to the United States as liquidated damages assessed against it for delays in its deliveries of wool serge trousers under its contract with the United States on the ground that the delays were the fault of the United States. On February 2, 1959, Trial Commissioner Marion T. Bennett filed his report finding that the unexcused delays which resulted in the assessment of liquidated damages were not caused by defendant and were not beyond the control of the plaintiff, and that the evidence did not justify any modification in the decisions of the contracting officer or the Board of Contract Appeals on the disputes arising under the contract. Plaintiff did not file exceptions or a brief in connection with the report of the trial commissioner and on August 26, 1959, defendant filed a motion requesting that the court adopt the report of the trial commissioner and forward the same to Congress with a recommendation that the plaintiff has no legal or equitable claim against the United States. On October 7, 1959, the court issued an order adopting the trial commissioner's findings of fact and reporting to Congress that plaintiff had not established a legal or equitable claim against the United States. Grant Cohen, Jr. No. 444-58. OCTOBER 16, 1959 147 C. Cls. Civilian pay. Upon consideration of plaintiff's and defendant's motions for summary judgment, together with argument of counsel, and on the ground that plaintiff's petition fails to state a cause of action, it was ordered that defendant's motion be granted, plaintiff's like motion be denied, and plaintiff's petition dismissed. Lemuel Hall. No. 525-58. OCTOBER 16, 1959 Civilian pay. Upon consideration of plaintiff's and defendant's motions for summary judgment, together with argument of counsel, and on the basis of the decision in Mayer v. United States, 145 C. Cls. 181, it was ordered that defendant's motion be granted, plaintiff's like motion be denied, and plaintiff's petition dismissed. Harold R. Love. No. 50-59. OCTOBER 16, 1959 Civilian pay. Upon consideration of defendant's motion to dismiss plaintiff's petition and plaintiff's response thereto, together with argument of counsel, and on the ground of res judicata, it was ordered that defendant's motion be granted and plaintiff's petition dismissed. APP. No. 4-58. OCTOBER 16, 1959 Kent Tribe of Schaghticoke Indians, et al. Indian claim; appeal from Indian Claims Commission. Upon consideration of appellee's motion to dismiss the appeal, and on the ground of lack of prosecution on appellants' behalf, it was ordered that appellee's motion to dismiss be granted and the appeal dismissed. 655 Nos. 48637 AND 49891. NOVEMBER 12, 1959 Samples, et al. [In the cases of Lee K. Lewis and Everett House]. Beebe, et al. [In the case of Billy F. Kane]. Civilian pay; overtime pay. In these cases the following order was entered: These cases as to three of the several plaintiffs whose claims are presented in the petitions come before the court on a stipulation of facts for the court's decision with respect to a limited issue. The issue is whether the court has jurisdiction to award judgments for any part of the period subsequent to 1950 where the petitions were filed on April 22, 1948, and refiled or filed on February 17, 1950, and not subsequently supplemented or amended. Plaintiffs urge that jurisdiction lies while the Government argues to the contrary. Upon consideration thereof, together with the briefs and argument of counsel, it is determined that the court does not have jurisdiction to award judgments for the subject periods, and IT IS THEREFORE ORDERED this twelfth day of November, 1959, that the petitions in these cases as to plaintiffs Lee K. Lewis and Everett House in case number 48637 and plaintiff Billy F. Kane in case number 49891, insofar as said petitions request recovery for the period subsequent to February 17, 1950, be and the same are dismissed. BY THE COURT. Joseph Morris.* MARVIN JONES, No. 90-59. NOVEMBER 27, 1959 Eminent domain; taking of plaintiff's claim against Japan. Plaintiff sued to recover the value of his claim against the Japanese Government which he alleges was taken by the United States when it ratified the peace treaty with Japan. Upon consideration of defendant's motion for summary judgment and plaintiff's opposition thereto, together with oral argument by counsel, it was determined on November 27, 1959, that pursuant to 28 U.S.C. § 1502 this court lacks jurisdiction over plaintiff's claim and it was ordered that defendant's motion be granted and plaintiff's petition dismissed. *Plaintiff's petition for writ of certiorari denied by the Supreme Court, 362 U.S. 975. |