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AMENDMENT TO THE RULES

Order of the Court Amending Rule 9

It is ordered this 24th day of February 1948, that Rule 9 of the Rules of the Court be, and the same is, amended by adding thereto Rule 9 (a) reading as follows:

9. (a) All persons may join in one action as plaintiffs if they assert in their petition any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transactions, occurrences, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff need not be interested in obtaining all the relief demanded. The Court in its discretion and on such terms as are just may permit the joinder of additional plaintiffs in an action previously filed.

In the event of a joinder in accordance with the provisions hereof, the hearings before the commissioner to whom the case is referred shall be limited to the claim of one of the plaintiffs, unless the Court shall otherwise order, and the proceedings with respect to all other plaintiffs joined in the petition shall be held in abeyance. After proof has been closed on said claim or claims, the commissioner shall report to the Court the facts pertaining thereto, and thereupon, and after exceptions, briefs and oral arguments have been duly filed and heard, the Court shall determine the facts and the law as they relate to said claim or claims and shall enter judgment in accordance therewith. Thereupon, the claims of the other plaintiffs shall be determined, and judgment may be given for one or more of the parties according to their respective rights.

Misjoinder of parties or of causes of action shall not be ground for dismissal of a petition, but in the event of a misjoinder, or in furtherance of convenience or to avoid delay or prejudice, the Court may at any time order a severance or severances and the filing of separate petitions. The defendant may file any motion or pleading directed to any one or more of the plaintiffs or to their claims.

It is further ordered that Rule 9 (a) shall apply to pending cases and to suits hereafter filed.

TABLE OF CASES REPORTED

NOTE. For cases dismissed and not indexed hereunder
see page 860 et seq.

Page

ADDISON MILLER, INC., ET AL...

869

Government contract. Plaintiffs' petition for writ of
certiorari denied by the Supreme Court.

A. J. PARETTA CONTRACTING CO., INC..

324

AKERMAN, ALEXANDER..

867

Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

ALGER-RAU, INC.

846

Government contract; increased labor costs resulting from
Executive Order in sovereign capacity of Government.

ANGLO-AMERICAN TRADING CORPORATION__

859

Just compensation; imposition of embargo by Government
of New Zealand.

BLOEDEL DONOVAN LUMBER MILLS, A CORPORATION_

720

Government contract; damage from forest fire resulting
from orders of forest reserve agent.

BOURQUIN, GEORGE M..

867

Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

BROWN, WILLIAM E..

52

Overtime pay; deputy collector of customs at a port located

on a free international highway.

CALIFORNIA ZINC COMPANY (THE), ET AL.......

440

Taking; joint action by affiliated corporations.

CANAL ZONE PAY CASES

856

Judgments entered on the authority of Townsley and
Hearne cases.

CANISTER COMPANY, THE..

869

Taxes. Plaintiff's petition for writ of certiorari denied by
the Supreme Court.

CAULDWELL-WINGATE COMPANY_.

193

Government contract; delivery of sites for construction
work not required on specific dates.

XIII

CAUSBY, THOMAS LEE, AND WIFE (No. 46054)..

Page

768

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Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

CHICAGO AND NORTH WESTERN RAILWAY COMPANY. Materials shipped for military use under the Transportation Act of 1940.

804

CLARK, WILLIAM_

444

Suit for salary; United States Circuit Judge; resignation
in order to enter Armed Services left to discretion of the
President and accepted.

CONDON-CUNNINGHAM COMPANY, ET AL (No. 46432)-
CONN, ALBERT F., ET AL..

Plaintiffs' petition for writ of certiorari denied by the
Supreme Court.

390

865

COTTON CONCENTRATION COMPANY, INCORPORATED__
COTTON LAND COMPANY, A CORPORATION IN LIQUIDA-
TION, ET AL..........

659

816

Just compensation; taking of plaintiffs' lands as the indirect result of erection of dam by the Government. COTTON WAREHOUSE CASES (Nos. 45767, 45801, 45802, 45825, 46270)__

659

Government contracts; reduction of storage rates under a contract with one Government agency applicable to that agency only.

Cox, WILEY J.

470

Personal injury; negligence on part of driver of Army
vehicle; asserted lack of authority.

CUDAHY PACKING COMPANY, THE (No. 46421)_____ Government contract; sale of eggs to Army; failure to notify contractor of rejection of part of shipment within reasonable time.

833

DETERDING, FLORENCE H

851

Government contract; dismissed upon stipulation and
settlement.

DEVAULT AND WHEELER, EXECUTORS

851

Increased labor costs under N. I. R. A. Judgment on

offer of compromise.

DI BENEDETTO, JOHN....

Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

DINEEN, ROBERT E., SUPERINTENDENT (No. 46208)

Government contract; liquidated damages where sus-
pension order was issued and contract was not ter-
minated for delay.

DORRANCE, WAYLAND C...

Page

867

18

867

Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

ELLICOTT MACHINE CORPORATION.

62

Government contract; evidence; judicial notice of war
conditions.

FEDERAL COMPRESS & WAREHOUSE COMPANY.....
FIELD, PUNSKEE, ESTATE OF (No. 46964) – –
FLORA B. CORPORATION, A CORPORATION, ET AL...
Just compensation.

FLOUR MILLS OF AMERICA, INC. (No. 46450)...

Government contracts; delivery of flour; weekly shipping instructions provided by contracts; storage charges. FOREIGN TRADE MANAGEMENT COMPANY, INC. (No. 45989)___

659

1

816

116

587

Just compensation; no recovery for copra sold to Govern-
ment corporation, under contract of sale, without duress.

FRED HOWLAND, INC...

854

Construction contract. Judgment in accordance with
stipulation.

GARCIA, VICTOR M....

523

Pay and allowances; Army officer with dependent mother.

GARGARO (ATTLY J.) ET AL.

854

Defendant's demurrers overruled.

GARGARO, DON___

528

Income tax; claim for refund of proportionate amount of

tax due to partial refund of bonus.

GREGORY, HERBERT M. (No. 45570)_

867

Plaintiff's petition for writ of certiorari denied by the
Supreme Court.

GUINNESS, BENJAMIN_

84

Income tax; distribution of stock as dividend to stock

holder before transfer.

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