143 C. Cls.

LYDDON & COMPANY (AMERICA) INC., PETITIONER, v. THE UNITED STATES

No. 13-53

[141 C. Cls. 545; 358 U.S. 832]

Excess profits tax. Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 13, 1958.

THE MONTANA POWER COMPANY, PETITIONER, V. THE UNITED STATES

No. 548-53

[141 C. Cls. 620; 358 U.S. 842]

Income tax. Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 13, 1958.

WHITLOCK CORPORATION, PETITIONER, v. THE UNITED STATES

No. 32-54

[141 C. Cls. 758; 358 U.S. 815]

Contract; termination by Government. Petition dismissed. Plaintiff's petition for writ of certiorari denied by the Supreme Court October 13, 1958.

'ATLANTIC CITY ELECTRIC COMPANY, PETITIONER, v. THE UNITED STATES

Income tax.

No. 33-55

[142 C. Cls. 519; 358 U.S. 834]

Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 13, 1958.

965

IDAHO POWER COMPANY, PETITIONER, v. THE UNITED STATES

No. 208-55

[142 C. Cls. 534; 358 U.S. 832]

Income and excess profits tax.

Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 13, 1958.

GENERAL PUBLIC UTILITIES CORP., ET AL., PETITIONERS, v. THE UNITED STATES

No. 204-56

[142 C. Cls. 919; 358 U.S. 831]

Income tax. Petition dismissed.

Plaintiffs' petition for writ of certiorari denied by the Supreme Court October 13, 1958.

FORD MOTOR COMPANY, PETITIONER, v. THE UNITED STATES

No. 231-56

[140 C. Cls. 487; 358 U.S. 864]

Excise tax; warranty. Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 20, 1958.

LANE INDUSTRIES, INC., PETITIONER, v. THE UNITED STATES

No. 48843

[142 C. Cls. 712; 358 U.S. 864]

Contract; Lucas Act. Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 20, 1958.

143 C. Cls.

GENERAL MOTORS CORPORATION, FRIGIDAIRE DIVISION, PETITIONER, v. THE UNITED STATES

No. 55-56

[142 C. Cls. 842; 358 U.S. 866]

Manufacturer's excise tax; refrigerator warranties. Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 20, 1958.

VICTOR RAINER, PETITIONER, v. THE UNITED STATES

No. 447-57

[142 C. Cls. 926; 358 U.S. 874]

Suit for salary. Petition dismissed.

Plaintiff's petition for writ of certiorari denied by the Supreme Court October 27, 1958.

INDEX-DIGEST

ADMINISTRATIVE DECISIONS, FINALITY OF. See Contracts; Vet-

erans' Training.

ADMINISTRATIVE REMEDIES. See Contracts.

ADMISSIONS. See Evidence.

ANTI-ASSIGNMENT ACT.

APPELLATE REVIEW.

See Contracts.

See Indian Claims.

ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUAL-
IZATION ACT OF 1948. See Retired Pay.

AUTHORITY OF GOVERNMENT AGENT. See Contracts; Eminent
Domain.

AVIGATION EASEMENT. See Eminent Domain.

BAILMENT. See Contracts.

BILL OF ATTAINDER. See Constitutional Law-Legislative Power.
CAREER COMPENSATION ACT. See Military Pay.

CIVIL SERVICE RETIREMENT ANNUITY. -

Nature of right. The right of a Federal officer or employee to a
civil service retirement annuity is not a vested or contractual right
but is more in the nature of a gratuity granted in appreciation of
long and faithful service. Steinberg, 1.

Evidence of.-Plaintiff's dismissal on charges of excessive tardiness
was not proved to be either arbitrary or capricious where the docu-
ments supporting defendant's motion for summary judgment indi-
cated habitual tardiness, although plaintiff's pay was docked only
once. Miner, 801.

Courts 470

Competitive status on reappointment.

Competitive status attained in previous Government employment
is not automatically carried over to a subsequent appointment and
when the new appointment is made under a Civil Service regulation
providing for an 18-month investigative period, 5 CFR § 2.401
(1956 Supp.), competitive status is not reacquired until that period
is satisfactorily completed and the employee is not covered by the
Lloyd-La Follette Act. Nadelhaft v. United States, 132 C. Cls. 316,
322; Bailey v. Richardson, 182 F. 2d 46, affd. 341 U.S. 918. Day, 311.
Officers 11.5

143 C. Cls.

CIVILIAN PAY-Continued.

DISMISSAL Continued.

Laches.

Where plaintiff delays 31⁄2 years in asserting his claim for pay
based on alleged arbitrary and capricious discharge, the Govern-
ment has been placed in an unfavorable position either because it
had to pay someone else for plaintiff's work or because there was
no need for anyone in the position vacated by plaintiff.
United States 39(12)

National security-nonsensitive position.

Statutes-construction and operation.

Miner, 801.

Where an employee is dismissed from a nonsensitive position as a
security risk under the provisions of the Act of August 26, 1950,
64 Stat. 476, 5 U.S.C. §22–1, et seq., and is later reinstated on the
ground that the law does not authorize dismissals from nonsensitive
positions, the employee is entitled to the pay lost during suspension
because Congress intended that the back pay provision of the 1950
Act should extend not only to employees removed through error of
judgment on the part of the head of the employing agency but also
to those employees removed through error of law on the part of the
department head. Leiner, 806.
39(8)

United States

The back pay provision of the Act of August 26, 1950, is a remedial
provision which should be construed liberally and in so doing it
is clear that Congress did not intend to distinguish between errors
of judgment and errors of law committed in connection with dis-
charges under the statute. Leiner, 806.

Government employees occupying nonsensitive positions not
affecting the public or national security or welfare are not covered
by the Act of August 26, 1950 (Public Law 733), 64 Stat. 476. Cole
v. Young, 351 U.S. 536. Day, 311.

United States 36

Regulation of executive department.

Court of Claims-jurisdiction.-Where regulation of the Depart-
ment of Commerce required that dismissals for cause of employees
of the Bureau of the Census be carried out by the Department of
Commerce and such a dismissal was, contrary to the regulation,
earried out by the Bureau of the Census, loss of pay during the
period of wrongful suspension is recoverable in this court on the
authority of Service v. Dulles, 354 U.S. 363, and Watson v. United
States, 142 C. Cls. 749. Newman, 784.

United States 39(8)