310 F.2d 945 ALLIED CONTRACTORS, INC. v. The UNITED STATES. No. 93-60. United States Court of Claims. December 5, 1962. Horace S. Whitman, Washington, D. C., for plaintiff. Alfred H. O. Boudreau, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Joseph D. Guilfoyle, for defendant. WHITAKER, Judge. 1 Plaintiff's petition alleges that it made a mistake in its bid for the construction of the Protective Equipment Laboratory at the Army Chemical Center at Edgewood, Maryland, and that...
303 F.2d 446 M. I. O'BOYLE & SON, INC. v. The UNITED STATES. No. 88-60. United States Court of Claims. June 6, 1962. Raymond A. Negus, Washington, D. C., for plaintiff. Lawrence Cake, Washington, D. C., was on the brief. Lewis A. Dille, Kensington, Md., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. DURFEE, Judge. 1 In this action plaintiff seeks to recover refunds made under protest to defendant because of overpayments asserted by the General Accounting Office,...
303 F.2d 916 BOOTH NEWSPAPERS, INC. v. The UNITED STATES. The EVENING NEWS ASSOCIATION v. The UNITED STATES. No. 57-59. No. 84-60. United States Court of Claims. June 6, 1962. N. Barr Miller, Washington, D. C., for plaintiffs. J. Marvin Haynes, Joseph H. Sheppard, Arthur H. Adams and Haynes & Miller, Washington, D. C., were on the briefs. Cynthia Holcomb, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner and Philip R. Miller,...
302 F.2d 515 Olin E. DELLINGER v. The UNITED STATES. No. 83-61. United States Court of Claims. May 9, 1962. Thomas H. King, Washington, D. C., for plaintiff. Clifford A. Sheldon, Washington, D. C., was on the brief. Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. JONES, Chief Judge. 1 Plaintiff, a Regular Air Force retired officer, seeks to recover the sum of $1,553.30 which he alleges was wrongfully withheld from him by the defendant...
301 F.2d 667 PAWNEE INDIAN TRIBE OF OKLAHOMA, consisting of the four confederated bands of Pawnee Indians, namely: Chaui or Grand Pawnee, Kitkehahki or Republican Pawnee, Pitahauerat or Tappage Pawnee, and Skidi, Loup or Wolfe Pawnee, v. The UNITED STATES. Appeal No. 7-61. United States Court of Claims. April 4, 1962. Certiorari Denied June 11, 1962. See 82 S. Ct. 1556 . John Wheeler, Jr., Tulsa, Okl., for plaintiff; Arthur B. Honnold, John M. Wheeler, and Robert L. Wheeler, Tulsa, Okl., on the...
302 F.2d 934 AMERICAN INSTITUTE FOR ECONOMIC RESEARCH v. The UNITED STATES. No. 7-60. United States Court of Claims. May 9, 1962. Guy Emery, Washington, D. C., for plaintiff. Emery & Wood, Washington, D. C., were on the brief. John F. Palmer, Washington, D. C., with whom was Louis F. Oberdorfer, Asst. Atty. Gen. for defendant. Edward S. Smith and Philip R. Miller, Washington, D. C., were on the brief. JONES, Chief Judge. 1 Plaintiff American Institute for Economic Research, organized under...
307 F.2d 945 GAROD RADIO CORPORATION v. The UNITED STATES. No. 7-58. United States Court of Claims. October 3, 1962. Solomon Dimond, Washington, D. C., for plaintiff. Burton R. Thorman, Washington, D. C., was on the briefs. Kendall M. Barnes, Washington, D. C., with whom was Asst. Atty. Gen., William H. Orrick, Jr. for defendant. DURFEE, Judge. 1 This is a suit for damages for production losses which plaintiff claims resulted from its contract in 1950 with the United States Signal Corps to...
305 F.2d 444 S. K. JENSEN and Ethel B. Jensen v. The UNITED STATES. Opal L. JONES, Executrix of the Estate of Carrie Carlton, a/k/a Catherine Carlton; Franklin S. Carlton, Opal L. Jones; Mona Marie Eyestone; and Vann V. Jones v. The UNITED STATES. Walter R. BURDGE and Winston S. Wheeler, Co-Trustees v. The UNITED STATES. Walter R. BURDGE and Winston S. Wheeler, Co-Trustees v. The UNITED STATES. C. A. McCLAUGHRY and Edith M. McClaughry v. The UNITED STATES. No. 52-58. No. 53-58. No. 58-58. No....
300 F.2d 920 George L. MENOCAL v. The UNITED STATES. No. 63-61. United States Court of Claims. April 4, 1962. Rehearing Denied June 6, 1962. Harry E. Wood, Washington, D. C., for plaintiff. Emery & Wood, Washington, D. C., were on the briefs. Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. WHITAKER, Judge. 1 In this action plaintiff, a retired naval officer, seeks additional retired pay for the period February 1, 1955, to the date of...
301 F.2d 342 MOORE-McCORMACK LINES, INC., v. The UNITED STATES. Claim No. 572-57. United States Court of Claims. Decided April 4, 1962. Rehearing Denied July 18, 1962. J. A. Dickinson, Washington, D. C., for plaintiff. Paul C. Aiken, Washington, D. C., was on the briefs. Thomas F. McGovern, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. WHITAKER, Judge. 1 This is a suit to recover compensation for the carriage of mails from ports on the east coast of...
305 F.2d 850 UNION ELECTRIC COMPANY OF MISSOURI v. The UNITED STATES. No. 551-58. United States Court of Claims. July 18, 1962. Norris Darrell, New York City, for plaintiff. M. Bernard Aidinoff, Edward G. Beimfohr, and Sullivan & Cromwell, New York City, were on the brief. Mildred L. Seidman, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, Jr., for defendant. Lyle M. Turner and Philip R. Miller, Washington, D. C., were on the briefs. DURFEE, Judge. 1 This is an action...
310 F.2d 937 DAVIDSON CORPORATION v. The UNITED STATES. MERGENTHALER LINOTYPE COMPANY v. The UNITED STATES. No. 177-54. No. 546-58. No. 75-59. United States Court of Claims. December 5, 1962. Temple W. Seay, Washington, D. C., for plaintiffs. R. Donald Reich and Robert J. O'Connell, Brooklyn, N. Y., on the briefs. Philip I. Brennan, Atty., Dept. of Justice, with whom was Louis F. Oberdorfer, Asst. Atty. Gen., for defendant. Edward S. Smith, Lyle M. Turner and Philip R. Miller, Washington, D. C.,...
309 F.2d 409 STAR WOOLEN COMPANY v. The UNITED STATES. No. 51-61. United States Court of Claims. November 7, 1962. Edward L. Merrigan, Washington, D. C., for plaintiff. Robert R. Donlan, with whom was Joseph D. Guilfoyle, Acting Asst. Atty. Gen., for defendant. WHITAKER, Judge. 1 This case is before the court on defendant's motion for judgment on the pleadings. 2 In its petition plaintiff sets out this portion of the terms and conditions of the proposed contract submitted with the invitation...
305 F.2d 449 J. S. McGUIRE and G. B. McGuire d/b/a Goose Hill Lodge v. The UNITED STATES. No. 510-58. United States Court of Claims. July 18, 1962. Rehearing Denied October 3, 1962. John A. Ross, Kansas City, Mo., for plaintiffs. Herman Wolkinson, Washington, D. C., with whom was William H. Orrick, Jr., Asst. Atty. Gen., for defendant. JONES, Chief Judge. 1 The issues in this case grow out of a concession contract made with the Fish and Wildlife Service of the United States Department of the...
302 F.2d 528 ALLOY PRODUCTS CORPORATION v. The UNITED STATES. No. 50187. United States Court of Claims. May 9, 1962. G. A. Chadwick, Jr., Washington, D. C., for plaintiff. Frost & Towers, Washington, D. C., on the brief. Edward L. Metzler, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. LARAMORE, Judge. 1 Plaintiff seeks judgment on the ground that the defendant has been unjustly enriched as a result of coercion and duress alleged to have been exercised...
296 F.2d 743 CONSOLIDATED COPPERMINES CORPORATION v. UNITED STATES. No. 498-52. United States Court of Claims. December 6, 1961. As Amended February 7, 1962. I. Herman Sher, New York City, for plaintiff. Joel N. Simon, Silver Spring, Md., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. James P. Garland, Philip R. Miller, and Cynthia Holcomb, Washington, D. C., were on the brief. WHITAKER, Judge. 1 Plaintiff sues for additional interest on a refund made it for an overpayment...
301 F.2d 320 OTIS ELEVATOR COMPANY, a Maine Corporation, v. The UNITED STATES. No. 495-59. United States Court of Claims. April 4, 1962. John C. Reid, Washington, D. C., for plaintiff. Ivins, Phillips & Barker, Washington, D. C., on the briefs. Eugene Emerson, Washington, D. C., with whom was John B. Jones, Jr., Acting Asst. Atty. Gen., for defendant. Lyle M. Turner and Philip R. Miller, Washington, D. C., on the brief. Norton Kern, New York City, filed brief amicus curiae on behalf of American...
300 F.2d 457 BRANDT & BRANDT PRINTERS, INC. v. The UNITED STATES. No. 492-59. United States Court of Claims. March 7, 1962. Henry Cassorte Smith, New York City, for plaintiff. Cynthia Holcomb, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Philip R. Miller and Joel N. Simon, Washington, D. C., were on the brief. JONES, Chief Judge. 1 The firm of Brandt & Brandt Printers, Inc., of New York, seeks recovery of employees' withholding taxes...
301 F.2d 909 BARNARD-CURTISS COMPANY v. The UNITED STATES. No. 491-59. United States Court of Claims. April 4, 1962. Rehearing Denied July 18, 1962. 1 Arthur H. Lindeman, Minneapolis, Minn., for plaintiff. 2 James F. Merow, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. JONES, Chief Judge 3 This case was submitted to us on stipulated facts, and without oral argument, for our determination. 4 Plaintiff Barnard-Curtiss Company seeks to recover additional...
302 F.2d 526 Herbert W. BEALL v. The UNITED STATES. No. 48-58. United States Court of Claims. May 9, 1962. Rehearing Denied July 18, 1962. A. Yates Dowell, Jr., Washington, D. C., for plaintiff. A. Yates Dowell, Washington, D. C., was on the briefs. G. M. Paddack, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. WHITAKER, Judge. 1 This is a suit for infringement by defendant of plaintiff's patent No. 2,335,474 on apparatus designed to counteract the flow...
