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TABLE OF CASES REPORTED

NOTE.--For cases dismissed and not indexed hereunder

see page 807 et seq.

Page 649

368

519 289

804 139 413

AIR MAIL CONTRACT CASES

(Nos. 43029, 43030, 43031, 43032, 43033).
ARCHITECTS BUILDING CORPORATION, A CORPORA-
TION.-
Rental of space by Government; parol contract; implied

contract.
ARMSTRONG (W. H.) AND COMPANY
ASPHALT REVETMENT Co., INC.--

Patent for protective mat structure for river banks;

infringement; validity; anticipation; indefiniteness.
BARKELEW, ARTHUR D.
Bass, JOSEPH A., ET AL.
BLACKMAN, FLORENCE P. (No. 45477).

Estate tax; termination of trust established in 1924 and

creation in 1928 of a new trust with similar rights of
decedent as to income and distribution of corpus; inclu-
sion of decedent's interest in gross estate subject to
estate tax; transfer of property to trust not made by

decedent but at his instigation; settlor.
BOARD OF DIRECTORS, ST. FRANCIS LEVEE DISTRICT-
BOEING AIR TRANSPORT, INC., (Nos. 43030, 43031)--

Air mail contracts; agreement by operators; annulment

under section 3950, Revised Statutes. BOWEN, THEODORE, ESTATE OF. BRAUN, HEDWIG W., DECEASED, ESTATE, ET AL.-

Estate tax; proceeds of life insurance policies issued prior to

enactment of 1918 Revenue Act; report to Congress. BRAUN, IDA F., ET AL., EXECUTORS BRIMBERRY, OTTO...

Suit for salary; discharged employee of War Department

who is Army veteran with honorable discharge; not
under civil service; extension of civil service preference
regulations to agencies that were to be made permanent;
authority of the President; status of temporary em-
ployee of War Department not under civil service;
status of Civilian Conservation Corps employees;
discretion to determine qualifications of employees.

348 649

804 176

176 335

VII

Page 638 804

256

804 428

493

543

499

Busch, OWEN (No. 43666)--
CLAYTON, OSCAR-
CONSOLIDATED ENGINEERING COMPANY, INCORPO-
RATED (No. 43159)...
Government contract; ambiguity; agreement by con-

tractor to carry out intent of defendant; meaning of
contract plain from writings and drawings; error of

subcontractor; specifications wrongly written.
CULPEPPER, ROBERT L.--.
DIAMOND, ARNOLD M. (No. 45418)----

Government contract; extra work done without order

from contracting officer. DIAMOND, ARNOLD M. (No. 45420).

Government contract; change order; failure to appeal. DIAMOND, ARNOLD M. (No. 45419)

Government contract; delay by Government; extra liqui

dated damages; extension of time for completion. EDMUND J. RAPPOLI COMPANY, INC.-

Government contract; error by contractor in calculation

on which amount of bid was based discovered before
execution of contract; promise of contracting officer
that mistake would be corrected if proof of mistake

submitted through regular channels.
EDWARDS, William B..
EQUIPMENT CORPORATION OF AMERICA..

Government contract; modification by mutual agreement.
FLEISHER ENGINEERING & CONSTRUCTION COMPANY,
A CORPORATION, ET AL ---
Government contract; decision of contracting officer;

extra work; protest.
FULTON NATIONAL BANK OF ATLANTA, The,

ASSIGNEE.
GRIER-LOWRANCE CONSTRUCTION COMPANY, INCOR-
PORATED.--
Government contract; construction of special juris-

dictional act; legal and equitable bases of Government

responsibility not to be disregarded. HESS, LOUIE (No. 43664).

Personal injury.
INDIANS OF CALIFORNIA, THE...

Indian claims; recovery under special jurisdictional act;

lands promised under treaty not ratified. JACOBSON BROTHERS COMPANY...

Government contract; effectiveness of release; deduction

by Comptroller General; liquidated damages.

804 159

139

256

434

638

583

1 Page 310 601

427

397

533 533

90

J. L. Young ENGINEERING CO., LTD....
John M. WHELAN & SONS, INC...

Government contract; decision of contracting officer not

arbitrary nor unreasonable. JOYCE, ADRIAN D...-..

Jurisdiction under section 154 of the Judicial Code; suit

pending in another court on same cause of action; alle-
gations of the plea to jurisdiction taken as confessed

under the rules of the court. LUNDBLAD, ERIK H. F.

Rental allowance; failure to request quarters not an

estoppel; statutory right to quarters or a money allow-
ance; silence not an estoppel in absence of duty to speak;
duty of Commanding Officer to make assignments of
quarters; not duty of officer to request Commanding

Officer to perform statutory duty.
LYONS CONSTRUCTION COMPANY, TRADE NAME.
LYONS, IRA J.---

Government contract; liquidated damages for delay; suit

to recover; review of action of contracting officer in

granting extension of time. McCLOSKEY & COMPANY..

Increased labor costs under National Industrial Recovery

Administration Act. McCLURE, JOHN J.

Internal revenue tax; importation of distilled spirits;

statute of limitation; fraud; validity of assessment by
Commissioner; fraud established by proper inference
from facts proven; allegations of refund claim not

evidence unless supported by testimony. MCGREGOR, William W., Et Al (No. 43693)....

Personal injury; evidence held not establishing negligence

on the part of defendant's agent.
McLAREN, ARCH J.
McLAREN, John, ESTATE OF-.
MEADE, ROBERT H.--.

Pay and allowances; lieutenant; civil engineers corps,

U. S. Navy; equalization act of June 10, 1922. NICHOL, (MRS.) Lois Thom...

Income tax; proceeds of judgment and interest thereon;

capital gain; interest on principal amount of judgment. NOLAN BROS., PARTNERS, ETC.-

Government contract; construction of lock on Mississippi

River; employment under National Industrial Recovery
Administration Act.

381

638

804 804 797

406

41 Page 649

413

28

253

809

357 357

Pacific AIR TRANSPORT (No. 43029).

Air mail contracts; agreement by operators; annulment

under section 3950, Revised Statutes. PALMER, BERNARD M. (No. 45478)...

Estate tax; termination of trust established in 1924 and

creation in 1928 of a new trust with similar rights of
decedent as to income and distribution of corpus;
inclusion of decedent's interest in gross estate subject to
estate tax; transfer of property to trust not made by

decedent but at his instigation; settlor. PIERCE, MAURICE C...

Suit for salary where employment was terminated on

charges and after hearing; act of February 23, 1931. Pitt RIVER POWER COMPANY (A CORPORATION)..

Flood control; taking of private property for public use. Pitt River Power COMPANY (A CORPORATION)---

Petition for writ of certiorari denied. RANKIN & KELLOGG (No. 45200) RANKIN, John H. (No. 45200)--

Rental of space by Government; violation of section 93,

Title 18, U. S. Code; implied contract void. RAPPOLI, EDMUND J., COMPANY, INC... ROBBINS, FRANKE B., EXECUTRIX.

Pay and allowances; flying pay of qualified aerial ob

server during suspension under erroneously issued

order.
ROBBINS, OLIVER K., DECEDENT.
ROBINSON, ARCH..
ST. FRANCIS LEVEE DISTRICT, BOARD OF DIRECTORS.

Grant under Title II of National Industrial Recovery

Administration Act; definition of “material”; project
under Flood Control Act of 1928; approval by resident

engineer of accounting method not binding. SEATTLE DISTRICT No. 3. MANTLE CLUB

Excise tax; club dues; social activities subordinate and

incidental to other purposes. SELTZER, CHARLES.

Army officer discharged by order of Secretary of War on

direction of the President; power of President to estab-
lish Army regulations; power to discharge Army

officer.
Shilton, PERRY (No. 45695)---

Personal injury.

499 479

479 804 348

562

554

638

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