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ASSISTANT ATTORNEYS GENERAL (Charged with the defense of the Government) September 1, 1953, to December 31, 1953

PERRY WILLIAM MORTON H. BRIAN HOLLAND WARREN E. BURGER

VI

TABLE OF CASES REPORTED

NOTE.-For cases dismissed and not indexed hereunder
see page 955 et seq.

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Pay and allowances; Coast Guard officer retired as Rear
Admiral and recalled to active duty.

ALPHA TANK & SHEET METAL MFG. COMPANY, A

CORPORATION_

878

Taxes; income and excess profits tax; acquisitions to
evade tax; controlled corporation.

ALPIRN, A. B................

142

Requisition of metal materials; just compensation.

AMERICAN GAS MACHINE COMPANY..

681

Taxes; income and excess profits tax; income earned by
corporations under Government contracts properly
accrued in year earned, although the amounts were
subject to renegotiation in later years.

ANDREWS, GILBERT J., ET AL. (No. 73-53)

571

Overtime pay; suit under the Act of March 28, 1934;
employees of Alaska Railroad.

ATCHISON, TOPEKA AND SANTA FE RAILWAY COM

PANY, THE (No. 49759)..

950

Government contract; transportation of jeeps; judgment
entered.

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BADGER METER MANUFACTURING COMPANY...

Taxes; income and excess profits tax; income earned by
corporations under Government contracts properly
accrued in year earned, although the amounts were
subject to renegotiation in later years.

BAGDY, ALEXANDER, JR., et al. (No. 217–52)

Page

681

951

Suits for salary and for per diem pay; judgments entered. BARLING, W. E....

34

Government contract; agreement by defendant to deliver
materials; failure not a breach of the contract.

BERKOWITZ, ARTHUR M..

949

Government contract; defendant's motion for summary
judgment overruled.

BICKHAM (AMELIA HERR), THIRD PARTY PLAINTIFF (No. 50146)-

417

Government contract; lease agreement; failure to make
necessary repairs.

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BLOEDORN (EDITH), EXECUTRIX OF THE ESTATE OF
ROSE L. SUTHERLAND, DECEASED---

591

Estate tax; basis for determining the deduction for prop-
erty previously taxed.

BORDEN, EMIL............

902

Suit for amount withheld from salary on account of
robbery of Army Post Exchange; jurisdiction.

BRAD FOOTE GEAR WORKS, INC.

681

Taxes; income and excess profits tax; income earned by
corporations under Government contracts properly
accrued in year earned, although the amounts were
subject to renegotiation in later years.

BROWN & ROOT, INC......

684

Government contract; money withheld in final settlement

to pay claims against plaintiff.

CAMPBELL, JAMES J............

Suit for balance due on loan to registered one-quarter
Indian; no cause of action against the United States.

Page

877

CARLISLE, VERNON R..

925

Patents; alleged infringement of safety device for vehicle
passengers.

CENTRAL BANK, A CORPORATION_

946

Assignment of Claims Act; priority of United States tax

claim over plaintiff's claim as assignee of contract;
judgment entered.

CHESAPEAKE AND OHIO RAILWAY COMPANY, a Cor

PORATION (No. 198–52)__

943

Government contract; transportation of jeeps by railroad;
judgment entered.

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Suit for salary; Veterans' Preference rights; employee of
War Department at Detroit.

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CONTAINER RECLAIMING COMPANY, INC.

Government contract; judgment entered for defendant. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, EXECUTOR OF THE LAST WILL AND TESTAMENT OF ALFRED N. SEVERIN, DECEASED, AND AUTHORIZED LIQUIDATOR OF THE AFFAIRS OF N. P. SEVERIN COMPANY (No. 45741)__ Government contract; low-cost housing project; plaintiff as successor of contracting firm entitled to recover on certain claims.

951

631

Page

CONTRACTORS

CONSTRUCTION CORPORATION___

948

Government contract; judgment entered.

COOPER (H. P.), d/b/a H. P. COOPER & COMPANY__

943

Government contract; judgment entered.

DELIS (NICK) COMPANY, INC. (No. 627-52) – –

133

Government contract; ceiling price applicable to pur-
chase of potatoes regardless of contract price.

DULUTH, SOUTH SHORE AND ATLANTIC RAILROAD
COMPANY, A CORPORATION (No. 48537)-

944

Transportion of freight; judgment entered.

ELASTIC STOP NUT CORPORATION___

100

Government contract; interpretation of Supplemental
Agreement; case referred to commissioner for further
proceedings.

ELDER, KARL R.........

945

Pay and allowances; judgment entered.

ESTONIAN STATE CARGO AND PASSENGER STEAM-
SHIP LINE, AND INTERVENING PLAINTIFFS, TAL-
LINNA LAEVAEHISUS (TALLINN SHIPPING COM-
PANY), Josep FERDINAND MAIPALU, BY A. NUR-
MISTE, MANDATORY, ISAAK KAIN, LIQUIDATOR
AND ADMINISTRATOR OF THE ESTATES OF JOHANNES
LINKRUUS, THEODOR LIIMAN, ISAAK KAIN, JULIUS
TRUUBERK, AND JOHANNES INKAPOOL...

Requisition of vessel; plaintiffs' petition dismissed.

809

ETERPEN FINANCIERA SOCIEDAD DE RESPONSABILI-
DAD LIMITADA..

963

Income tax; amounts withheld by licensees under agree-
ment for use of patents. Plaintiff's petition for writ
of certiorari denied by the Supreme Court.

FARWELL COMPANY, INC.--

317

Summary judgment denied where issue of material fact
is involved.

FRUHAUF SOUTHWEST GARMENT CO....

51

Government contract; claim of economic duress in price
revision not sustained.

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