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149 C. Cls.

gether with oral argument by counsel and based upon Heyer Products Co., Inc. v. United States, 135 C. Cls. 63, it was ordered that defendant's motion be granted and plaintiff's petition dismissed. Plaintiff's motion for rehearing was overruled October 5, 1960. Plaintiff's petition for writ of certiorari denied by the Supreme Court, 365 U.S. 815.

No. 15–59. APRIL 15, 1960 Edgar V. Maher.

Civilian pay; reduction in grade. Upon consideration of defendant's motion for summary judgment and plaintiff's opposition thereto, together with oral argument by counsel and on the basis of the decision in Edgar v. United States, 145 C. Cls. 9, it was ordered that defendant's motion be granted and plaintiff's petition dismissed.

No. 483-58. APRIL 22, 1960 Harry L. Waggoner.

Military pay; retired pay. Upon consideration of plaintiff's motion for judgment on the pleadings and defendant's motion for summary judgment, together with oral argument by counsel and based upon Prentiss v. United States, 123 C. Cls. 225, and Bond v. United States, 133 C. Cls. 204, it was ordered that plaintiff's motion be granted, and defendant's motion denied with the amount of recovery to be determined pursuant to Rule 38(c).

No. 304–58. APRIL 22, 1960

Hiroshi Kaneko.

Japanese-American evacuation claim.-Plaintiff, an American of Japanese ancestry, sued to recover certain claimed losses alleged to have been the result of his wartime evacuation under the provisions of the Japanese-American Evacuation Claims Act of 1948, 62 Stat. 1231, as amended, 70 Stat. 513. On January 29, 1960, Trial Commissioner Saul R. Gamer filed his report indicating that the major portion of

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plaintiff's claim had no validity and that the parties had stipulated that plaintiff was entitled to recover $300 as compensation for losses of certain items of personal property. On March 31, 1960, defendant filed a motion for the entry of judgment for $300 in favor of plaintiff on the basis of the report of the trial commissioner, inasmuch as plaintiff had failed to file exceptions and brief within the time required by Rule 46(b) of the rules of the court. On April 22, 1960, the court entered an order adopting the report of the trial commissioner and entered judgment for the plaintiff in the amount of $300.

APP. No. 7–59. MAY 13, 1960 The Choctaw Nation, Intervenor-Appellant v. The Chicka

saw Nation, Appellee. Indian claim; appeal from Indian Claims Commission. The Choctaw Nation, intervenor in the case of the Chickasaw Nation v. The United States before the Indian Claims Commission, appeals from a judgment against the United States and in favor of the Chickasaw Nation from which judgment the Chickasaw Nation has not appealed nor has the United States. The Chickasaw Nation filed a motion to dismiss the appeal of the Choctaw Nation on the ground that the Choctaw Nation was not a party to the final judgment of the Commission and could not be affected by its decree and that it has no immediate or direct interest in the case and was thus not entitled to appeal. On the basis of the record on appeal, the briefs and argument of counsel, the court, on May 13, 1960, issued an order granting appellee's motion and dismissing the appeal on the ground that there exists no judgment from which an appeal would lie.

No. 201-59. MAY 13, 1960

Irving E. Pugh.

Military pay; retired pay. Upon consideration of plaintiff's and defendant's motions for summary judgment, together with a statement by defendant's counsel and a written

149 C. Cls.

argument filed by plaintiff, and on the basis of the decision in Palmer v. United States, 139 C. Cls. 376, it was ordered that plaintiff's motion be denied, defendant's motion granted, and plaintiff's petition dismissed. Plaintiff's motion for new trial was overruled July 15, 1960.

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REPORT OF DECISIONS

OF

THE SUPREME COURT

IN COURT OF CLAIMS CASES

SOCIETE COTONNIERE DU TONKIN,
PETITIONER, v. THE UNITED STATES

No. 388-55

(145 Ct. Cl. 426; 361 U.S. 965]

Plaintiff's petition for writ of certiorari denied by the Supreme Court February 23, 1960.

FRANK E. MONDAY, PETITIONER, v.

THE UNITED STATES

No. 439_57

(146 Ct. Cl. 6; 361 U.S. 965; 362 U.S. 945; 363 U.S. 816]

Plaintiff's petition for writ of certiorari denied by the Supreme Court February 23, 1960. Petitions for rehearing denied April 4, 1960, and June 6, 1960.

JANIS ZALCMANIS, ET AL., PETITIONERS, v.

THE UNITED STATES

No. 250-56

(146 Ct. Cl. 254; 362 U.S. 917]

Plaintiffs' petition for writ of certiorari denied by the Supreme Court March 21, 1960.

GENERAL OUTDOOR ADVERTISING CO., INC.,

PETITIONER, v. THE UNITED STATES

No. 270-52

(145 Ct. Cl. 127; 362 U.S. 927]

Plaintiff's petition for writ of certiorari denied by the Supreme Court March 28, 1960.

841

149 C. Cls.

SARAH HUNTER KELLY, PETITIONER, v.

THE UNITED STATES

No. 505-55

[146 Ct. Cl. 416; 362 U.S. 975] Plaintiff's petition for writ of certiorari denied by the Supreme Court May 16, 1960.

JANETTE LAWYER, PETITIONER, v.

THE UNITED STATES

No. 531-58

(147 Ct. Cl. 501; 362 U.S. 977; 363 U.S. 858) Plaintiff's petition for writ of certiorari denied by the Supreme Court May 16, 1960. Petition for rehearing denied June 27, 1960.

JOSEPH MORRIS, PETITIONER, v.

THE UNITED STATES

No. 90-59

(147 Ct. Cl. 657; 362 U.S. 975] Plaintiff's petition for writ of certiorari denied by the Supreme Court May 16, 1960.

GILES E. BULLOCK AND THE E. C. BROWN COMPANY, PETITIONERS, v. THE UNITED STATES

No. 533-53

[146 Ct. Cl. 506; 363 U.S. 807] Plaintiffs' petition for writ of certiorari denied by the Supreme Court May 31, 1960.

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