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United States Court of Claims

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96-61 (1963)
United States Court of Claims Filed: Feb. 06, 1963

312 F.2d 797 Catherine FATTORE, and Stephen J. Fattore, Jr., as Co-Executors of the Estate of Stephen J. Fattore, Deceased, and Eugene J. Fattore, d/b/a Fattore Company v. The UNITED STATES. No. 96-61. United States Court of Claims. February 6, 1963. Merle R. Jenkins, Detroit, Mich., for plaintiffs. Mansfield, DeWitt, Sulzbach & Jenkins, Detroit, Mich., was on the brief. Kenneth H. Masters, Washington, D. C., with whom was Asst. Atty. Gen. Ramsey Clark. JONES, Chief Judge. 1 Plaintiffs sue to...

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Gulf, Mobile and Ohio Railroad Company v. The United States, 9-55 (1963)
United States Court of Claims Filed: Feb. 06, 1963

312 F.2d 921 GULF, MOBILE AND OHIO RAILROAD COMPANY v. The UNITED STATES. No. 9-55. United States Court of Claims. February 6, 1963. John L. Hamilton, Washington, D. C., for plaintiff. George E. Hamilton, Jr., Roman J. Gerber, and Hamilton & Hamilton, Washington, D. C., were on the brief. Lewis A. Dille, Kensington, Md., with whom was Acting Asst. Atty. Gen., Joseph D. Guilfoyle, for defendant. DURFEE, Judge. 1 Plaintiff and its connecting carriers transported and delivered carload shipments of...

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Deloro Smelting and Refining Company, Limited v. The United States, 92-59 (1963)
United States Court of Claims Filed: May 10, 1963

317 F.2d 382 DELORO SMELTING AND REFINING COMPANY, Limited v. The UNITED STATES. No. 92-59. United States Court of Claims. May 10, 1963. David Cobb, Washington, D. C., for plaintiff. Edward L. Metzler, Washington, D. C., with whom was Asst. Atty. Gen., John W. Douglas, for defendant. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. DAVIS, Judge. 1 This is a dispute over the price term of an unusual supply contract. In 1950, as part of the federal stockpile program,...

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Cannon Construction Company, Inc., Ed. J. Kearns, Company, Incorporated v. The United States, 89-57 (1963)
United States Court of Claims Filed: Jun. 07, 1963

319 F.2d 173 CANNON CONSTRUCTION COMPANY, Inc., Ed. J. Kearns, Company, Incorporated v. The UNITED STATES. No. 89-57. United States Court of Claims. June 7, 1963. Charles S. White, Indianapolis, Ind., for plaintiffs. J. D. Wright and Davis, Hartsock & Wright, Indianapolis, Ind., were on the brief. Gerson B. Kramer, Silver Springs, Md., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Daniel M. Redmond, Washington, D. C., was on the brief. Before JONES, Chief Judge, and WHITAKER,...

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Flippin Materials Company, a Joint Venture Composed of Brown and Root, Inc., a Corporation v. The United States, 8-57 (1963)
United States Court of Claims Filed: Apr. 05, 1963

312 F.2d 408 FLIPPIN MATERIALS COMPANY, a Joint Venture Composed of Brown and Root, Inc., a Corporation, et al. v. The UNITED STATES. No. 8-57. United States Court of Claims. January 11, 1963. Rehearing Denied April 5, 1963. COPYRIGHT MATERIAL OMITTED John W. Gaskins, Washington, D. C., for plaintiff. Paul E. McNulty and King & King, Washington, D. C., were on the briefs. Edward L. Metzler, Washington, D. C., with whom was Acting Asst. Atty. Gen., Joseph D. Guilfoyle, for defendant. DAVIS,...

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Hortentia R. Acosta v. The United States, 82-62 (1963)
United States Court of Claims Filed: Jul. 12, 1963

320 F.2d 382 Hortentia R. ACOSTA v. The UNITED STATES. No. 82-62. United States Court of Claims. July 12, 1963. William M. Apgar, La Mesa, Cal., for plaintiff. Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. DAVIS, Judge. 1 Luis F. Acosta, plaintiff's husband, disappeared on February 10, 1950, from his home in San Diego, California, and has not since been heard of...

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Brown & Son Electric Company v. The United States, 76-61 (1963)
United States Court of Claims Filed: Dec. 13, 1963

325 F.2d 446 BROWN & SON ELECTRIC COMPANY v. The UNITED STATES. No. 76-61. United States Court of Claims. December 13, 1963. Thomas M. Gittings, Jr., Washington, D. C., for plaintiff. King & King, Washington, D. C., of counsel. Edwin J. Reis, Washington, D. C., with whom was Asst. Atty. Gen., John W. Douglas, for defendant. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. DAVIS, Judge. 1 Plaintiff charges the United States with breaking a valid contract by...

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Hobart M. Griggs and Gladys B. Griggs v. The United States, 72-59 (1963)
United States Court of Claims Filed: Jun. 07, 1963

314 F.2d 515 Hobart M. GRIGGS and Gladys B. Griggs v. The UNITED STATES. No. 72-59. United States Court of Claims. March 6, 1963. Rehearing Denied June 7, 1963. William J. Holliman, Washington, D. C., for plaintiffs. Theodore D. Peyser, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith and Lyle M. Turner, Washington, D. C., were on the brief. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. JONES, Chief Judge....

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Dominion Magnesium Limited v. The United States, 667-53 (1963)
United States Court of Claims Filed: Oct. 11, 1963

320 F.2d 388 DOMINION MAGNESIUM LIMITED v. The UNITED STATES. No. 667-53. United States Court of Claims. July 12, 1963. Rehearing Denied October 11, 1963. Allen Kirkpatrick, Washington, D. C., for plaintiff. C. Willard Hayes and Cushman, Darby & Cushman, Washington, D. C., of counsel. William W. Fleming, Washington, D. C., with whom was John W. Douglas, Asst. Atty. Gen., for defendant. John Boyle, Jr., and George P. Hoare, Washington, D. C., of counsel. Before JONES, Chief Judge, and WHITAKER,...

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McLouth Steel Corporation v. The United States, 58-60 (1963)
United States Court of Claims Filed: Jun. 07, 1963

319 F.2d 167 McLOUTH STEEL CORPORATION v. The UNITED STATES. No. 58-60. United States Court of Claims. June 7, 1963. Ernest Getz, Detroit, Mich., for plaintiff. Conrad T. Hubner, Jr., San Francisco, Cal., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner, Philip R. Miller, John F. Palmer and Earl L. Huntington, Washington, D. C., were on the briefs. Before JONES, Chief Judge, REED, Justice (Ret.), sitting by designation, and LARAMORE, DURFEE and...

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G. L. Christian and Associates v. The United States, 56-59 (1963)
United States Court of Claims Filed: Jan. 11, 1963

312 F.2d 418 G. L. CHRISTIAN AND ASSOCIATES v. The UNITED STATES. No. 56-59. United States Court of Claims. January 11, 1963. Norman R. Crozier, Jr., Dallas, Tex., William L. Hillyer, San Diego, Cal., William W. Sweet, Jr., Dallas, Tex., and Chester E. Finn, Dayton, Ohio, for plaintiffs. Richard C. Bexten, Dallas, Tex., was on the briefs. Carl Eardley, Washington, D. C., with whom was Acting Asst. Atty. Gen., Joseph D. Guilfoyle, for the defendant. Kendall M. Barnes, Washington, D. C., was on...

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G. L. Christian and Associates v. The United States, 56-59 (1963)
United States Court of Claims Filed: Jul. 12, 1963

320 F.2d 345 G. L. CHRISTIAN AND ASSOCIATES v. The UNITED STATES. No. 56-59. United States Court of Claims. July 12, 1963. COPYRIGHT MATERIAL OMITTED Gilbert A. Cuneo, Washington, D. C., for plaintiff. Norman R. Crozier, Jr., Dallas, Tex., Chester H. Johnson and O. D. Hite, San Antonio, Tex., Richard C. Bexten, Dallas, Tex., Chester E. Finn, Dayton, Ohio, William L. Hillyer, San Diego, Cal., William W. Sweet, Jr., Wilson Johnston, Dallas, Tex., and Cummings & Sellers, Washington, D. C., of...

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C. Heinz, G. Hinterreger & Sons, Fa. Hofman & MacUlan v. The United States, 557-57 (1963)
United States Court of Claims Filed: Feb. 06, 1963

312 F.2d 759 C. HEINZ, G. Hinterreger & Sons, Fa. Hofman & Maculan v. The UNITED STATES. No. 557-57. United States Court of Claims. February 6, 1963. Gilbert A. Cuneo, Washington, D. C., for plaintiffs. David N. Barus, Washington, D. C., D. Erich Jung, Salzburg, Austria, Arthur B. Carton, Washington, D. C., and Clarence B. Maguire, New York City, on the briefs. Kendall M. Barnes, Washington, D. C., with whom was Acting Asst. Atty. Gen. Joseph D. Guilfoyle, for defendant. LARAMORE, Judge. 1...

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The Prudential Insurance Company of America v. The United States, 55-59 (1963)
United States Court of Claims Filed: Jun. 07, 1963

319 F.2d 161 The PRUDENTIAL INSURANCE COMPANY OF AMERICA v. The UNITED STATES. No. 55-59. United States Court of Claims. June 7, 1963. Francis A. Goodhue, Jr., New York City, for plaintiff. Arthur E. Schmauder, Frank G. Koch, Newark, N. J.; John H. Perkins, Jr., Peter J. Sturtevant, Dewey, Ballantine, Bushby, Palmer & Wood; and Arnold I. Burns, New York City, were on the briefs. Earl L. Huntington, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. Edward S....

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William L. Schiffman v. The United States, 548-59 (1963)
United States Court of Claims Filed: Jul. 12, 1963

319 F.2d 886 William L. SCHIFFMAN v. The UNITED STATES. No. 548-59. United States Court of Claims. July 12, 1963. Paul R. Harmel, Washington, D. C., for plaintiff. Geiger, Harmel & Schuchat, Washington, D. C., were on the briefs. Katherine H. Johnson, Alexandria, Va., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. DURFEE, Judge. 1 Plaintiff was released from active duty with the Army on June 14, 1946,...

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Sherman B. Harlan, Receiver for General Credit Corporation v. The United States, 546-57 (1963)
United States Court of Claims Filed: Jan. 11, 1963

312 F.2d 402 Sherman B. HARLAN, Receiver for General Credit Corporation v. The UNITED STATES. No. 546-57. United States Court of Claims. January 11, 1963. H. Cecil Kilpatrick, Washington, D. C., and Charles H. Dickmann, Anderson, Ind., for plaintiff. Evan Howell, Washington, D.C., was on the briefs. S. Laurence Shaiman, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner and Philip R. Miller, Washington, D. C., were on the brief....

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Marvin Meister v. The United States, 54-62 (1963)
United States Court of Claims Filed: Jul. 12, 1963

319 F.2d 875 Marvin MEISTER v. The UNITED STATES. No. 54-62. United States Court of Claims. July 12, 1963. Joseph J. Schwartz, Brooklyn, N. Y. for plaintiff. Edgar H. Twine, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. JONES, Chief Judge. 1 The plaintiff is a commander in the United States Naval Reserve, attached in a pay status to the Naval Reserve Mobilization Team 3-8 which...

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Congress Construction Corporation v. The United States, 535-59 (1963)
United States Court of Claims Filed: Mar. 06, 1963

314 F.2d 527 CONGRESS CONSTRUCTION CORPORATION v. The UNITED STATES. No. 535-59. United States Court of Claims. March 6, 1963. John T. Koehler, Washington, D. C., for plaintiff. John Paulding Brown, John Geyer Tausig, and Butler, Koehler & Tausig, Washington, D. C., were on the briefs. Herbert Pittle, Washington, D. C., with whom was Asst. Atty. Gen. Ramsey Clark, for defendant. Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges. DAVIS, Judge. 1 Plaintiff was the...

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Kraemer Mills, Incorporated v. The United States. No. Cong. 8-59, 535 (1963)
United States Court of Claims Filed: Jul. 12, 1963

319 F.2d 535 KRAEMER MILLS, INCORPORATED v. The UNITED STATES. No. Cong. 8-59. United States Court of Claims. July 12, 1963. Malcolm M. Heber, Royal Oak, Mich., for plaintiff. J. W. Hutson, Royal Oak, Mich., was on the brief. Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Before JONES, Chief Judge, and LARAMORE, DURFEE and DAVIS, Judges. JONES, Chief Judge. 1 This is a congressional reference case filed with this court pursuant to Senate...

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Warren G. Schaller v. The United States, 534-57 (1963)
United States Court of Claims Filed: Jan. 11, 1963

311 F.2d 796 Warren G. SCHALLER v. The UNITED STATES. No. 534-57. United States Court of Claims. January 11, 1963. Thomas A. Ziebarth, Washington, D. C., for plaintiff. Carl L. Shipley and Shipley, Akerman & Pickett, Washington, D. C., on the briefs. Sheldon J. Wolfe, Washington, D. C., with whom was Acting Asst. Atty. Gen. Joseph D. Guilfoyle, for defendant. LARAMORE, Judge. 1 On April 7, 1961, judgment was entered for plaintiff and the case was returned to the commissioner of this court for a...

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