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ASSISTANT ATTORNEYS GENERAL

(Charged with the defense of the Government)

January 1, 1953, to April 30, 1953

JAMES M. MCINERNEY 1
J. EDWARD WILLIAMS 2
CHARLES S. LYON 3

H. BRIAN HOLLAND 4
HOLMES BALDRIDGE 6
WARREN E. BURGER 6

1 Resigned February 11, 1953.
3 Designated Acting Head, Lands Division, February 12, 1953.
• Resigned January 31, 1953.

• Appointed Assistant Attorney General, Tax Division. Entered on duty February 2, 1953.

• Resigned January 28, 1953, close of four hours.

6 Appointed Assistant Attorney General, Claims Division. Entered on duty 4 p. m., January 28, 1953. Claims Division changed to Civil Division February 13, 1953.

VI

TABLE OF CASES REPORTED

670

NOTE.-For cases dismissed and not indexed hereunder see page 883 et seq.

Page ALPIRN (A. B.) AND MORTON ALPIRN, DOING BUSI

NESS AS WESTERN SMELTING & REFINING Com-
PANY---
Requisition of metal materials; just compensation measured
by maximum ceiling price of Office of Price Administra-

tion. AMERICAN CONSTRUCTION COMPANY, THE---------- 845

War Contract Hardship Claims Act; statute of limitations.

Defendant's petition for writ of certiorari denied by the

Supreme Court.
ANDERSON, Jack CONRAD-----

------------ 833 Requisition of vessel; judgment entered. ARLINGTON TRUST COMPANY, INCORPORATED, As

SIGNEE OF LEYDE & LEYDE, A PARTNERSHIP (No. 49687)--

--------- 309 Contract Settlement Act; statute of limitations. ARMCO INTERNATIONAL CORPORATION (THE), ET AL.- 829

Government contract; judgment entered. ARRIBAS, PERFECTO R.

------------- 553 Statute of limitations; wartime suspension as to residents

of Philippines terminated for formal surrender of

Japanese on September 2, 1945.
ATCHISON, TOPEKA AND SANTA FE RAILWAY Com-
PANY, THE (No. 382–52) -

560 Government contract; transportation of jeeps by railroad

entitled to freight rate as passenger vehicles. BAMBERGER RAILROAD COMPANY -----

830 Transportation of jeeps; judgment entered.

---

VI

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845

BEHLING (F. L.) Co., A CORPORATION----

Government contract; shortage in quantity of potatoes

when delivered. BERMEJO, SANTIAGO M.--

Statute of limitations; wartime suspension. BERRY, ALBERT G., JR. (No. 49288)---

Pay and allowances; Commander in Navy; judgment

entered. BOSTON AND MAINE RAILROAD COMPANY (No. 49911)

Government contract; transportation of jeeps; judgment

entered. BREINIG BROTHERS, INC-----

Suit for damages under Jurisdictional Act by lessee of

property purchased by the United States. BRENNAN, JOSEPH M.

Suit for salary; suit for difference claimed in classification

of employee separated from service by reduction in force.
Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
BRIDGEPORT STEAMSHIP CORPORATION------------

Requisition of vessel; judgment entered.
BRUNNER, Roy LEE

Unjust conviction and imprisonment; award of damages

under the statute vacated where District Court certifi-
cate of innocence has been set aside by Circuit Court of

Appeals.
BUCHSBAUM (S.) & Co., A CORPORATION--------

Contract Settlement Act; suit in Court of Claims barred
by previous decision. Plaintiff's petition for writ of

certiorari denied by the Supreme Court. Bush, Ruth BARNETT -

---Income tax; motions to dismiss counterclaims denied. CALTEX (PHILIPPINES), INC.--

Eminent domain; taking and destruction of private prop

erty in time of war to prevent enemy possession.
Judgment vacated.

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792

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CHAHROUDI (A. K.), (Also KNOWN AS A. K. SHAH

ROODY), TRADING AS A. K. SHAHROODY & Co.----
Government contract; decision under Special Jurisdic-

tional Act; Army contract in Iran.
CHEROKEE NATION OF INDIANS IN OKLAHOMA FOR

AND ON BEHALF OF THE WESTERN (OLD SETTLER)
CHEROKEE INDIANS, AND THE EASTERN (EMI-
GRANT) CHEROKEE INDIANS (APP. 2–52)----
Appeal from Indian Claims Commission decision denying

recovery on claim of Cherokee Nation; decision of Com

mission affirmed.
CHEROKEE NATION OF INDIANS IN OKLAHOMA FOR AND

ON BEHALF OF THE WESTERN (OLD SETTLER)
CHEROKEE INDIANS (APP. No. 3–52)-------

----------
Indian claims; appeal from Indian Claims Commission;

decision of Commission affirmed. COATES (GORDON R.) AND THELMA B. COATES.---

Eminent domain; just compensation; evidence insufficient

to establish liability of United States for damages to

farm land by reason of flood control. Comb (FRED R.) COMPANY (No. 46890)----------

Government contract; Government not responsible for

delays under provisions of contract in suit. Cook, BEATRICE------------

-----------------Income tax; motions to dismiss counterclaims denied. CRAVENS (ALICE T.), AS WIDOW AND AS EXECUTRIX

OF ESTATE OF WILLIAM M. CRAVENS, DECEASED (No. 49374)----------

---------Pay and allowances; suit for difference in active and

retired pay. CRAVENS, ESTATE OF WILLIAM M., DECEASED (No. 49374)

---------CRIST, LEMERTON E., JR..

Pay and allowances; effective date of retirement order. Customs SERVICE Pay CASES.-

Judgments entered following opinion in cases of Myers,

et al., 320 U. S. 561, 101 C. Cls. 859, and O'Rourke, 109
C. Cls. 33.

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837

Page 830

499

834

274

846

95

DARROW, WARREN E.----

Suit for salary; judgment entered. Davis AIRFOILS, INC---

Patents; defendant's motion to remand case for further

evidence granted. DEVITO, ANTHONY J.-----

Suit for salary; civilian employee suspended from duty;

judgment entered. EDWARD H. MEYER CONSTRUCTION COMPANY (No. 46884)-----

Government contract; alleged delays by Government. ELCHIBEGOFF, Ivan M.----

Suit for salary; jurisdiction; procedural requirements com

plied with; no evidence of arbitrary or capricious action.
Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
ERIE BASIN METAL PRODUCTS, INC. (No. 50271)---

Contract Settlement Act; requirements of the Act with

respect to claims of subcontractors.
ETERPEN FINANCIERA SOCIEDAD DE RESPONSABILIDAD
LIMITADA---
Income tax; amounts withheld by licenses under agreement

with Argentine corporation for use of patents on ball

pointed pen. F. L. BEHLING Co., A CORPORATION.----

-Government contract; shortage in quantity of potatoes

when delivered. FRAME, JAMES WILLIAM.-.

Pay and allowances; Army officer retired for service

connected disability. GADSDEN, HAROLD.----

Suit for salary; allegations of bias in plaintiff's separa

tion from service. Plaintiff's petitions for writ of

certiorari and rehearing denied by the Supreme Court. GAGE, ARTHUR G---

--------Patents; Section 286 of the Act of July 19, 1952,

not retroactive.

265

557

847

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LAIVUD-----------------------------

322

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