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United States Court of Claims

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Beatty v. United States, Cong. No. 8-55 (1958)
United States Court of Claims Filed: Dec. 03, 1958

168 F. Supp. 204 (1958) Milton BEATTY et al. v. UNITED STATES. Cong. No. 8-55. United States Court of Claims. December 3, 1958. *205 John W. Bonner, Helena, Mont., for plaintiffs. Howard O. Sigmond, Washington, D. C., with whom was Perry W. Morton, Asst. Atty. Gen., for defendant. WHITAKER, Judge. This case is before the court on Senate Resolution 115, 84th Congress, 1st Session, referring to us plaintiffs' claims for a report thereon, giving findings of fact and stating our conclusions on...

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United States v. Kiowa, Comanche & Apache Tribes, Appeal No. 3-57 (1958)
United States Court of Claims Filed: Oct. 08, 1958

166 F. Supp. 939 (1958) UNITED STATES v. The KIOWA, COMANCHE AND APACHE TRIBES OF INDIANS. Appeal No. 3-57. United States Court of Claims. October 8, 1958. *940 W. Braxton Miller, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for appellant, the United States. Ralph A. Barney, Washington, D. C., was on the briefs. J. Roy Thompson, Jr., Washington, D. C., for cross-appellant, Kiowa, Comanche and Apache Tribes of Indians. W. C. Lewis and Frank Miskovsky, Oklahoma City, Okl.,...

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Prairie Band of Potawatomi Indians v. United States, Appeal No. 2-57 (1958)
United States Court of Claims Filed: Jul. 16, 1958

165 F. Supp. 139 (1958) The PRAIRIE BAND OF POTAWATOMI INDIANS, et al., Appellees, v. UNITED STATES. The CITIZEN BAND OF POTAWATOMI INDIANS, et al., Appellees, v. UNITED STATES, Hannahville Indian Community et al., Appellants. Appeal No. 2-57. United States Court of Claims. July 16, 1958. *140 *141 Walter H. Maloney, Washington, D. C., for appellants, Hannahville Indian Community, et al. James N. Beery, Washington, D. C., was on the briefs. Louis L. Rochmes, Washington, D. C., for appellees,...

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Federal Land Bank of Houston v. United States, 99-57 (1958)
United States Court of Claims Filed: Dec. 03, 1958

168 F. Supp. 788 (1958) The FEDERAL LAND BANK OF HOUSTON v. UNITED STATES. No. 99-57. United States Court of Claims. December 3, 1958. *789 Ripley E. Woodard, Houston, Tex., for plaintiff. B. L. Templeton, Houston, Tex., was on the briefs. Ralph S. Boyd, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant. LARAMORE, Judge. This is an action to recover just compensation for the claimed taking by the United States of a royalty interest owned by plaintiff in oil and...

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Ring Construction Corporation v. United States, 90-55 (1958)
United States Court of Claims Filed: Jun. 04, 1958

162 F. Supp. 190 (1958) RING CONSTRUCTION CORPORATION v. UNITED STATES. No. 90-55. United States Court of Claims. June 4, 1958. Paul W. Steer, Cincinnati, Ohio, for plaintiff. Steer, Strauss & Adair, Cincinnati, Ohio, were on the brief. Martin E. Rendelman, Chevy Chase, Md., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. MADDEN, Judge. The plaintiff sues for the extra costs which it incurred because, it says, it was required to use different and more expensive material than...

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Steinberg v. United States, 74-57 (1958)
United States Court of Claims Filed: Jul. 16, 1958

163 F. Supp. 590 (1958) Max STEINBERG v. UNITED STATES. No. 74-57. United States Court of Claims. July 16, 1958. William P. MacCracken, Jr., Washington, D. C., for plaintiff. Kendall M. Barnes, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. LARAMORE, Judge. This case brings before our court the question of the constitutionality of section 2(a) of Public Law 769, 68 Stat. 1142, 5 U.S.C.A. ยง 740d, which reads as follows: "There shall not be paid to any...

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Bean v. United States, 71-57 (1958)
United States Court of Claims Filed: Jul. 16, 1958

163 F. Supp. 838 (1958) J. B. BEAN et al. v. UNITED STATES. No. 71-57. United States Court of Claims. July 16, 1958. *839 W. Morgan Hunter, Austin, Tex., Theodore Andress, El Paso, Tex., Thurman Arnold, Arnold, Fortas & Porter, Washington, D. C., Andress, Lipscomb & Peticolas & Fisk, El Paso, Tex., and Powell, Rauhut, McGinnis & Reavley, Austin, Tex., on the briefs, for plaintiffs. Alfred H. O. Boudreau, Jr., and David R. Warner, Washington, D. C., with whom was Perry W. Morton, Asst. Atty. Gen....

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Ware Knitters, Inc. v. United States, 67-54 (1958)
United States Court of Claims Filed: Dec. 03, 1958

168 F. Supp. 208 (1958) WARE KNITTERS, INC., v. UNITED STATES. No. 67-54. United States Court of Claims. December 3, 1958. *209 Paul P. Lipton, Boston, Mass., for plaintiff. Harold S. Larsen, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief. WHITAKER, Judge. Plaintiff sues to recover the amount of income and excess profits taxes alleged to have been illegally exacted by reason of the disallowance of a...

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Abbett Electric Corporation v. United States, 591-53 (1958)
United States Court of Claims Filed: Jun. 04, 1958

162 F. Supp. 772 (1958) ABBETT ELECTRIC CORPORATION v. UNITED STATES. No. 591-53. United States Court of Claims. June 4, 1958. John A. McWhorter, Jr., Washington, D. C., for plaintiff. John W. Gaskins, Washington, D. C., Johnson & Stanton, San Francisco, Cal., and King & King, Washington, D. C., were on the brief. Kendall M. Barnes, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. LARAMORE, Judge. This is a suit to recover the increased costs of performance...

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Overseas Trading Company SA v. United States, 567-52 (1958)
United States Court of Claims Filed: Mar. 05, 1958

159 F. Supp. 382 (1958) OVERSEAS TRADING COMPANY, S. A. v. UNITED STATES. No. 567-52. United States Court of Claims. March 5, 1958. *383 Edward M. English, Washington, D. C. for the plaintiff. Christopher T. Boland and Gallagher, Connor & Boland, Washington, D. C., were on the brief. Lawrence S. Smith, Washington, D. C. with whom was Acting Asst. Atty. Gen. George S. Leonard, for the defendant. JONES, Chief Judge. Plaintiff brings suit to recover on a claim based upon alleged shortages in a...

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Montana Power Company v. United States, 548-53 (1958)
United States Court of Claims Filed: Mar. 05, 1958

159 F. Supp. 593 (1958) The MONTANA POWER COMPANY, v. UNITED STATES. No. 548-53. United States Court of Claims. March 5, 1958. *594 E. Roy Gilpin, New York City, for plaintiff. Elizabeth B. Davis, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief. MADDEN, Judge. The plaintiff, The Montana Power Company sues for a refund of taxes. It says that when it paid off, in 1945, debentures which it had issued in 1936,...

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Port v. United States, 526-57 (1958)
United States Court of Claims Filed: Jul. 16, 1958

163 F. Supp. 645 (1958) Walter W. PORT and Alice A. Port v. UNITED STATES. No. 526-57. United States Court of Claims. July 16, 1958. Valentine Brookes, San Francisco, Cal., Arthur H. Kent, Paul E. Anderson and Kent & Brookes, San Francisco, Cal., on the brief, for plaintiffs. Robert Livingston, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., James P. Garland, Washington, D. C., on the brief, for defendant. JONES, Chief Judge. The question is whether certain expenditures for...

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Hughes Transportation, Inc. v. United States, 525-52, 208-54 (1958)
United States Court of Claims Filed: Dec. 03, 1958

168 F. Supp. 219 (1958) HUGHES TRANSPORTATION, INC. v. UNITED STATES. The COMMONWEALTH OF KENTUCKY, Intervenor, v. UNITED STATES. Nos. 525-52, 208-54. United States Court of Claims December 3, 1958. Daryal A. Myse, Washington, D. C., for plaintiff. George M. Catlett, Frankfort, Ky., and Jo M. Ferguson, Atty. Gen., for Commonwealth of Kentucky, intervenor. Lawrence S. Smith, Washington, D. C., and George Cochran Doub, Asst. Atty. Gen., for defendant. MADDEN, Judge. The plaintiff, under permits...

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Continental Foundry & MacHine Co. v. United States, 513-53 (1958)
United States Court of Claims Filed: Mar. 05, 1958

159 F. Supp. 608 (1958) CONTINENTAL FOUNDRY & MACHINE COMPANY v. UNITED STATES. No. 513-53. United States Court of Claims. March 5, 1958. *609 James D. Head, Chicago, Ill., for plaintiff. Grier D. Patterson, Crane C. Hauser and Winston, Strawn, Smith & Patterson, Chicago, Ill., were on the briefs. Elizabeth B. Davis, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief. LARAMORE, Judge. Plaintiff, Continental...

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United States Rubber Company v. United States, 50406 (1958)
United States Court of Claims Filed: Apr. 02, 1958

160 F. Supp. 492 (1958) UNITED STATES RUBBER COMPANY v. UNITED STATES. No. 50406. United States Court of Claims. April 2, 1958. *493 Myron Kalish, Brooklyn, N. Y., for plaintiff. Arthur, Dry & Dole, New York City, were on the brief. Edward L. Metzler, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. PER CURIAM. This case involves a claim for unemployment compensation taxes paid to the State of North Carolina as a contract cost in the performance of a cost-...

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Catalina Properties v. United States, 500-57 (1958)
United States Court of Claims Filed: Oct. 08, 1958

166 F. Supp. 763 (1958) CATALINA PROPERTIES, Inc. v. UNITED STATES. No. 500-57. United States Court of Claims. October 8, 1958. Paul R. Harmel, Washington, D. C., for plaintiff. Geiger, Harmel & Schuchat, Washington, D. C., were on the brief. Robert Livingston, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief. LARAMORE, Judge. This case comes before the court on defendant's motion to dismiss on the grounds...

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Egan v. United States, 50031 (1958)
United States Court of Claims Filed: Apr. 02, 1958

158 F. Supp. 377 (1958) John J. EGAN v. UNITED STATES. No. 50031. United States Court of Claims. January 15, 1958. As Amended April 2, 1958. *378 Rees B. Gillespie, Washington, D. C., for plaintiff. Frances L. Nunn, Washington, D. C., with whom were Asst. Atty. Gen. George Cochran Daub and Acting Asst. Atty. Gen. George S. Leonard, for defendant. LITTLETON, Judge. This case is before the court on plaintiff's and defendant's motions for summary judgment under the second count of plaintiff's...

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Watson v. United States, 49895 (1958)
United States Court of Claims Filed: Jun. 04, 1958

162 F. Supp. 755 (1958) Helen I. WATSON v. UNITED STATES. No. 49895. United States Court of Claims. June 4, 1958. Rees B. Gillespie, Washington, D. C., for plaintiff. Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. LITTLETON, Judge. On October 14, 1957, the Supreme Court granted plaintiff's petition for writ of certiorari and vacated the judgment of this court ( 137 Ct. Cl. 557 , 581), remanding the case to us for consideration in the light...

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Badowski v. United States, 497-53 (1958)
United States Court of Claims Filed: Jul. 16, 1958

164 F. Supp. 252 (1958) Witold A. BADOWSKI v. UNITED STATES. No. 497-53. United States Court of Claims. July 16, 1958. *253 Albert R. Teare, Cleveland, Ohio, for plaintiff. Asst. Atty. Gen. George Cochran Doub, for defendant. G. M. Paddack, Washington, D. C., was on the briefs. WHITAKER, Judge. This patent suit is now before the court on defendant's third motion for a new trial. This motion was filed on February 10, 1958, nearly two years after the court's opinion delivered on May 1, 1956, 135...

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PEWEE COAL COMPANY v. United States, 49351, 50140 (1958)
United States Court of Claims Filed: Jun. 04, 1958

161 F. Supp. 952 (1958) PEWEE COAL COMPANY, Incorporated, v. UNITED STATES. Nos. 49351, 50140. United States Court of Claims. June 4, 1958. *953 Lewis W. Evans, Washington, D. C., for plaintiff. Samuel T. Ansell, Jr., and Ansell & Ansell, Washington, D. C., were on the brief. William A. Stern, II, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. PER CURIAM. The Trial Commissioner, Mastin G. White, to whom these cases were referred, has submitted an opinion...

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