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VI

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

TABLE OF CASES REPORTED

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

AERO SALES CO....

Commission on sales of surplus equipment; judgment
entered.

ALGER, JAMES A....

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

ALPHA TANK & SHEET METAL MFG. COMPANY, A
CORPORATION..

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

ALPIRN, A. B...

Requisition of metal materials; just compensation. AMERICAN GAS MACHINE 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.

ANDREWS, GILBERT J., et al. (No. 73–53)--

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)......--

Government contract; transportation of jeeps; judgment
entered.

ATLANTIC FISH AND OYSTER CO.....

Government contract; termination for failure to perform.

ATLANTIC MEAT COMPANY, Inc............

Government contract; judgment entered.

VII

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945

561

878

142

681

571

950

892

945

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).

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

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

BERKOWITZ, ARTHUR M..............

--

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

BICKHAM (AMELIA HERR), THIRD PARTY PLAINTIFF

(No. 50146)-

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

BLACKBURN, BRUCE B. (No. 417–52)__

Government contract; motion for summary judgment
denied.

BLACKBURN, BRUCE B. (No. 431-52)..

Government contract; motion for summary judgment
denied.

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

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

BORDEN, EMIL

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

BRAD FOOTE GEAR WORKS, INC..

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....

Government contract; money withheld in final settlement
to pay claims against plaintiff.

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681

951

34

949

417

874

872

591

902

681

684

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

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

Patents; alleged infringement of safety device for vehicle
passengers.

CENTRAL BANK, A CORPORATION_

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)----.

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

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COM-
PANY (No. 48284)__

Transportation of freight; judgment entered.

CIAFFONE, ALBERT J...

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

CONDENSER SERVICE AND ENGINEERING COMPANY,

INCORPORATED- - - -

Government contract; conditional acceptance of bid for
surplus property.

CONSOLIDATED VULTEE AIRCRAFT CORPORATION (Nos. 49918, 262-52, 263-52)_

Government contracts; judgments entered. 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.

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877

925

946

943

945

532

186

948

951

631

CONTRACTORS CONSTRUCTION CORPORATION______.
Government contract; judgment entered.

COOPER (H. P.), d/b/a H. P. COOPER & COMPANY..
Government contract; judgment entered.

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

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)-.

Transportion of freight; judgment entered.

ELASTIC STOP NUT CORPORATION_

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

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

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.
ETERPEN FINANCIERA SOCIEDAD DE RESPONSABILI-
DAD LIMITADA. -

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.---.

Summary judgment denied where issue of material fact
is involved.

FRUHAUF SOUTHWEST GARMENT Co...

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

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943

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963

317

51