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The items allowed cover the wage scale paid to the employees as indicated and for the periods mentioned. They also cover overtime wages paid to both old and new employees for the entire period after November 27, 1933.
The plaintiff is entitled to recover the sum of $11,954.52. It is so ordered.
MADDEN, Judge; LITTLETON, Judge; and WHALEY, Chief Justice, concur.
WHITAKER, Judge, took no part in the decision of this case.
No. 44358. FEBRUARY 2, 1942 Josephson Manufacturing Company.
On plaintiff's motion for judgment with allowance of interest (to which the defendant filed an objection with respect to the item of interest) and upon a stipulation by the parties as to the amount of increased costs in connection with the performance of the contract, and upon a report and recommendation of a commissioner of the Court of Claims, judgment was allowed for the plaintiff in the sum of $1,028.98, and judgment as to interest was disallowed.
JUDGMENTS ENTERED In accordance with the provisions of the Act of June 25, 1938 (52 Stat. 1197) and on motion of the several plaintiffs (to which no objection had been filed by the defendant), and upon the several stipulations by the parties, and in accordance with the report of a commissioner in each case recommending that judgment be entered in favor of the respective plaintiffs in the sums named, it was ordered that judgments be entered as follows, for increased costs under the National Industrial Recovery Administration Act:
ON DECEMBER 1, 1941 No. 44274. S. Morgan Smith Company, a Corporation.----- $3, 935. 06 No. 44499. Logan Company.
962. 07 No. 44500. Logan Company.
96. 09 No. 44501. Logan Company
114. 46 No. 44502. Logan Company
82. 13 No. 44503. Logan Company.
68. 43 No. 44504. Logan Company
95 C. Cls.
ON JANUARY 5, 1942
No. 44032. Crocker-Wheeler Electric Manufacturing Co---- 29. 67 No. 44037. The United Clay Products Co--
2, 566. 81 No. 44214. Fort Worth Sand & Gravel Co---
191. 32 No. 44479. Bath Iron Works Corporation.-
66, 903. 36
ON MARCH 2, 1942
No. 44212. Missouri Hardstone Brick Company-
1, 612. 65 4, 000. 37 1, 193. 50) 6, 814. 86
On motion of the several plaintiffs to dismiss the petitions therein, the petition in each of the following cases under the Act of June 25, 1938, was dismissed :
ON DECEMBER 1, 1941
44213. Atlantic Creosoting Company, Inc.
ON JANUARY 5, 1942
44192. Marietta Chair Company.
ON FEBRUARY 2, 1942 44290. Kraftile Company. 44565. Warren E. Earhart, Trustee.
THE COURT OF CLAIMS
December 1, 1941, to March 31, 1942
INCLUSIVE, IN WHICH, EXCEPT AS OTHERWISE INDICATED,
JUDGMENTS WERE RENDERED WITHOUT OPINIONS
No. 43196. DECEMBER 1, 1941
La Grange Gold Dredging Company, A Corporation.
Gold bullion; newly mined gold; Act of March 9, 1933. Decided upon the authority of Alaska Juneau Gold Mining Company (a corporation) v. The United States, 94 C. Cls. 15. The court in an opinion per curiam decided :
The material facts in this case are substantially the same as the facts in Alaska Juneau Gold Mining Company (a corporation) v. United States, decided June 2, 1941 (94 C. Cls. 15). The question presented is the
Upon the facts disclosed and for the reasons set forth in the opinion in Alaska Juneau Gold Mining Company (a corporation) v. United States, supra, the court is of the opinion that the receipt and payment for plaintiff's gold bars were subject to and governed by the statutes, Executive Orders, and the regulations prior to the Executive Order of August 29, 1933, and Treasury Regulations of September 12, 1933, and that plaintiff is not entitled to recover. The petition is therefore dismissed. It is so ordered.
No. 43857. DECEMBER 1, 1941
Rivers J. Morrell, Jr.
Pay and allowances; lieutenant U. S. Marine Corps; dependent mother.
In accordance with its opinion of June 3, 1940, holding that the plaintiff was entitled to recover (91 C. Cls. 302)
95 C. Cls.
and upon a report from the General Accounting Office showing the amount due plaintiff under the court's opinion, judgment for the plaintiff was entered in the sum of $216.00.
CONGRESSIONAL No. 17472. DECEMBER 1, 1941 American Cotton Oil Company.
In the case of the American Cotton Oil Company, to the use of Hecker Products Corporation, pursuant to the stipulation filed in the case of Rose City Cotton Oil Mill, Congressional No. 17341, and all other pending cotton linter cases as per list attached to said stipulation, and upon a stipulation and agreement of the parties, judgment for the plaintiff was entered in the sum of $276,582.29.
CASES INVOLVING GOVERNMENT CONTRACTS
On authority of the court's decision in the case of Crooks Terminal Warehouses, Inc. No. 44099, 92 C. Cls. 401, and in accordance with stipulations by the respective parties in each case and upon a report of a commissioner recommending that judgment be entered in favor of the respective plaintiffs in the amounts below set forth, judgments were entered, December 1, 1941, as follows: No. 44115. Crooks Terminal Warehouses, Inc.-.
$514. 44 No. 44116. Texas and Pacific Terminal Warehouse Company, 1, 321. 72 No. 44117. Western Gateway Storage Company
31. 43 No. 44118. Adams Transfer & Storage Company
260. 78 No. 44119. North Pier Terminal Company
1, 188. 55 No. 44120. Ford Bros. Van & Storage Co----
No. 43919. FEBRUARY 2, 1942
Kansas Flour Mills Corporation.
Government contract; nonpayment of processing tax. Judgment for the plaintiff. Opinion 92 C. Cls. 390.
Reversed by the Supreme Court, December 8, 1941; 314 U. S. 212; post p. 769.
In accordance with the mandate of the Supreme Court, reversing the decision of the Court of Claims and remanding the case for further proceedings, the petition was dismissed.
95 C. Cls.
No. 44634. MARCH 2, 1942
William B. Scheibel.
Pay and allowances; lieutenant in the Coast Guard; dependent mother. Plaintiff entitled to recover. Opinion 93 C. Cls. 480.
In accordance with its opinion of April 7, 1941, and upon a report of the General Accounting Office as to the amount due thereunder, judgment for the plaintiff was entered in the sum of $2,566.20.
James L. Harbaugh, Jr.
Pay and allowances; bachelor officer in the United States Army; dependent mother. Plaintiff entitled to recover. Opinion 93 C. Cls. 483.
In accordance with its opinion of April 7, 1941, and upon a report from the General Accounting Office as to the amount due thereunder, and upon a stipulation of the parties to the effect that during the period from April 22, 1940, to April 7, 1941, the date of the court's decision, the facts bearing upon the dependency of the mother were substantially the same, judgment was entered for the plaintiff in the sum of $4,317.33.
No. 45014. MARCH 2, 1942 Great Northern Railway Company.
On plaintiff's motion for judgment, and upon a stipulation by the parties showing that said parties had agreed to a compromise in the sum named, judgment was entered for the plaintiff in the sum of $14,000.00 for failure of the defendant to return in as good condition as when received 19 freight cars, delivered by plaintiff to the Wichita-Fort Peck Railroad, operated by the War Department.
449973—42-CC- vol. 95--50