73 F. Supp. 973 (1947) GARGARO v. UNITED STATES. No. 47677. Court of Claims. November 3, 1947. B. Tracy Ansell, of Washington, D.C. (George H. Klein, Ethan C. Prewitt and Clark, Klein, Brucker & Waples, all of Detroit, Mich., and Ansell & Ansell, of Washington, D. C., on the brief), for plaintiff. Joseph H. Sheppard, of Washington, D. C., and Theron L. Caudle, Asst. Atty. Gen. (Robert N. Anderson and Andrew D. Sharpe, both of Washington, D. C., on the brief), for defendant. Before JONES, Chief...
71 F. Supp. 917 (1947) CLEMMER CONST. CO., Inc., v. UNITED STATES. No. 47576. Court of Claims. June 2, 1947. C. B. McDowell, Jr., of Akron, Ohio (Brouse, McDowell, May, Bierce & Wortman, of Akron, Ohio, on the brief), for plaintiff. John R. Franklin, Jr., of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and MADDEN, JONES, WHITAKER and LITTLETON, Judges. MADDEN, Judge. The Government has demurred to the plaintiff's petition. According to...
74 F. Supp. 165 (1947) PETER KIEWIT SONS' CO. et al. v. UNITED STATES. No. 47562. Court of Claims. November 3, 1947. Dan MacDougald, of Atlanta, Ga., and J. M. Martin, of Los Angeles, Cal. (Robert S. Sams, of Atlanta, Ga., and Martin & Martin, of Los Angeles, Cal., on the brief), for plaintiffs. Gaines V. Palmes, of Washington, D. C., and Peyton Ford, Asst. Atty. Gen., for defendant. Before JONES, Chief Justice, and MADDEN, HOWELL, WHITAKER and LITTLETON, Judges. MADDEN, Judge. The Government...
73 F. Supp. 957 (1947) SEWELL v. UNITED STATES. No. 47322. Court of Claims. October 6, 1947. W. A. Sutherland, of Washington, D. C. (Randolph W. Thrower, of Atlanta, Ga., and Sutherland, Tuttle & Brennan, of Washington, D. C., on the brief), for plaintiff. J. W. Hussey, of Washington, D. C., Sewall Key, Acting Asst. Atty. Gen. (Robert N. Anderson and Andrew D. Sharpe, both of Washington, D. C., on the brief), for defendant. This case having been heard by the Court of Claims, the court, upon the...
70 F. Supp. 888 (1947) DRIER v. UNITED STATES. No. 47162. Court of Claims. April 7, 1947. Bernard J. Gallagher, of Washington, D. C. (M. Walton Hendry, of Washington, D. C., on the brief), for plaintiff. Edward L. Metzler and John F. Sonnett, Asst. Attys. Gen., for defendant. Before WHALEY, Chief Justice, and JONES, MADDEN, WHITAKER, and LITTLETON, Judges. JONES, Judge. This case is before the court on defendant's motion to dismiss the amended petition on three stated grounds, (1) want of...
69 F. Supp. 214 (1947) DETERDING v. UNITED STATES. No. 47081. Court of Claims. January 6, 1947. John F. Downey, of Sacramento, Cal. (Downey, Brand and Seymour, of Sacramento, Cal., on the brief), for plaintiff. Thomas L. McKevitt, of Washington, D. C., and David L. Bazelon, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and MADDEN, WHITAKER, LITTLETON, and JONES, Judges. MADDEN, Judge. The United States has demurred to the plaintiff's petition. The allegations of the petition...
72 F. Supp. 594 (1947) CLARK v. UNITED STATES. No. 47009. Court of Claims. July 7, 1947. *595 Lloyd Paul Stryker, of New York City (Harold W. Wolfram, of New York City, on the brief), for plaintiff. Edgar T. Fell, of Baltimore, Md., and John F. Sonnett, Asst. Atty. Gen. (Edward L. Metzler, of Washington, D. C., on the brief), for defendant. Before BOOTH, Chief Justice (retired), recalled, WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges. WHITAKER, Judge. Plaintiff,...
71 F. Supp. 640 (1947) LANDMAN v. UNITED STATES. No. 46964. Court of Claims. May 5, 1947. *641 *642 *643 *644 Huston Thompson, of Washington, D. C. (Oscar P. Mast, of Washington, D. C., on the brief), for plaintiff. John W. Hussey, of Washington, D. C., and Douglas W. McGregor, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant. Before WHALEY, Chief Justice, and LITTLETON, MADDEN, JONES, and WHITAKER, Judges. LITTLETON, Judge. The...
70 F. Supp. 900 (1947) NORTH COUNTIES HYDRO-ELECTRIC CO. v. UNITED STATES. No. 46274. Court of Claims. April 7, 1947. *901 Edmund D. Adcock, of Chicago, Ill., for plaintiff. Marvin J. Sonosky, of Washington, D. C., and David L. Bazelon, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges. WHITAKER, Judge. In 1925 plaintiff built a hydro-electric power plant on the Fox River near Dayton, Illinois, about 5¾ miles above where the Fox...
70 F. Supp. 235 (1947) SWISS CONFEDERATION v. UNITED STATES. No. 46239. Court of Claims. March 3, 1947. *236 John J. Wilson, of Washington, D. C., for plaintiff. Kendall M. Barnes, of New York City, and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and MADDEN, JONES, LITTLETON, and WHITAKER, Judges. WHITAKER, Judge. The Swiss Confederation, a foreign nation, sues the United States for $64,589.26, alleging that this amount, added to the amount already paid it,...
71 F. Supp. 859 (1947) PANTEX PRESSING MACH., Inc., v. UNITED STATES. No. 46228. Court of Claims. June 2, 1947. *860 Richard S. Doyle, of Washington, D.C. (Hinckley, Allen, Tillinghast & Wheeler of Providence, R. I., on the brief), for plaintiff. Kendall M. Barnes, of New York City, and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and WHITAKER, MADDEN, JONES and LITTLETON, Judges. WHITAKER, Judge. These two cases were consolidated for trial. The Pantex...
74 F. Supp. 420 (1947) C. B. ROSS CO., Inc., v. UNITED STATES. No. 46204. Court of Claims. December 1, 1947. *421 David Morgulas, of New York City (M. Carl Levine and Morgulas & Foreman, all of New York City, on the brief), for plaintiff. E. Leo Backus, of Washington, D. C., and Peyton Ford, Acting Asst. Atty. Gen., for defendant. Before JONES, Chief Justice, LITTLETON, WHITAKER, MADDEN, and HOWELL, Judges. MADDEN, Judge. This is a suit to recover overtime premium pay disbursed by the plaintiff...
69 F. Supp. 588 (1947) KAISER et al. v. UNITED STATES. No. 46121. Court of Claims. February 3, 1947. *589 George D. Zahm, of New York City, for plaintiffs. Kendall M. Barnes, of New York City, John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and JONES, WHITAKER, LITTLETON, and MADDEN, Judges. JONES, Judge. This case involves just compensation for 127,153 pounds of copper and copper base alloy materials owned by plaintiffs and requisitioned by the defendant on June...
70 F. Supp. 126 (1947) FROEMMING BROS., INC., OF TEXAS v. UNITED STATES. No. 46117. Court of Claims. March 3, 1947. *127 Eliot C. Lovett, of Washington, D. C., for plaintiff. Grover C. Sherrod, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges. MADDEN, Judge. On December 5, 1941, the plaintiff entered into a contract with the Government to construct roads, streets, taxi strips, aprons,...
69 F. Supp. 221 (1947) STEBEL et al. v. UNITED STATES. No. 46108. Court of Claims. January 6, 1947. Warren Woods, of Atlanta, Ga. (Charles B. McInnis and Philip S. Jessup, both of Washington, D. C., Philip F. Feinberg, of New York City, and Roberts & McInnis, of Washington, D. C., on the briefs), for plaintiffs. Henry Weihofen, of Washington, D. C., John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and MADDEN, JONES, LITTLETON and WHITAKER, Judges. WHITAKER, Judge....
69 F. Supp. 125 (1947) WALSH BROS. v. UNITED STATES. No. 46046. Court of Claims. January 6, 1947. Fred W. Shields, of Washington, D. C. (Henry M. Leen, of Boston, Mass., and George R. Shields and King & King, all of Washington, D. C., on the brief), for plaintiff. Grover C. Sherrod, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges. MADDEN, Judge. The plaintiff is a partnership which, on...
69 F. Supp. 117 (1947) J. J. KELLY CO. v. UNITED STATES. No. 46032. Court of Claims. January 6, 1947. Bernard J. Gallagher, of Washington, D. C., for plaintiff. Grover C. Sherrod, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDIN, Judges. JONES, Judge. Plaintiff on November 2, 1942, contracted to construct for the defendant a decontamination building in the Navy Yard at Philadelphia, Pennsylvania....
70 F. Supp. 264 (1947) DE-RAEF CORPORATION v. UNITED STATES. No. 46025. Court of Claims. March 3, 1947. Temple W. Seay, of Washington, D. C. (Morelock & Seay, of Washington, D. C., Joseph A. Hoskins, of Kansas City, Mo., and Phil D. Morelock, of Washington, D. C., on the brief), for plaintiff. John A. Rees, of Washington, D. C., and Sewall Key, Acting Asst. Atty. Gen. (A. F. Prescott and Andrew D. Sharpe, both of Washington, D. C., on the brief), for defendant. The facts necessary to a decision...
69 F. Supp. 336 (1947) NELSON v. UNITED STATES. No. 45931. Court of Claims. January 6, 1947. *337 Robert A. Littleton, of Washington, D. C., for plaintiff. H. S. Fessenden, of Washington, D. C., and Douglas W. McGregor, Asst. Atty. Gen. (J. Louis Monarch and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant. Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges. WHITAKER, Judge. Plaintiff sues to recover additional income taxes assessed against him...
70 F. Supp. 605 (1947) DE ARMAS v. UNITED STATES. No. 45221. Court of Claims. April 7, 1947. William C. Holmes, of New Orleans, La., for plaintiff. G. V. Palmes, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant. Before WHALEY, Chief Justice, and MADDEN, JONES, WHITAKER, and LITTLETON, Judges. MADDEN, Judge. The plaintiff made a contract with the Government to repair East Jetty, Southwest Pass, at the mouth of the Mississippi River. One of the elements of the work was...