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138 C. Cls.

was ordered that judgment for the plaintiffs be entered for $43,500.

No. 201–52. MAY 8, 1957
Northern Pacific Railway Company, a Corporation.

Transportation of freight. On a stipulation by the parties entered before the commissioner at a pretrial conference, it was ordered that judgment for the plaintiff be entered for $18,794.31.

No. 317–52. MAY 8, 1957 Pennsylvania Railroad Company.

Transportation of freight. On a stipulation by the parties agreeing to settlement and consenting to judgment, it was ordered that judgment for the plaintiff be entered for $814.37.

No. 373–55. MAY 8, 1957 James Pullman.

Suit for salary; Army civilian employee. On a stipulation by the parties agreeing to settlement and consenting to judgment, it was ordered that judgment for the plaintiff be entered for $800.

No. 168–52. MAY 8, 1957 Helen Jane Tooze and Lamar Tooze, Sr., as Executors of

the Estate of Walter L. T'ooze. Pay and allowances; retired Army pay. On a stipulation by the parties as to the applicability of Title III, Public Law 810, 80th Congress, and on the basis of the decision in Seagrave v. United States, 131 C. Cls. 790, it was ordered that judgment for the plaintiffs be entered for $2,369.55.

No. 131–55. MAY 8, 1957 John V. Murray.

Pay and allowances; retired Army pay. On a stipulation by the parties and on the basis of the decision in Seagrave v. United States, 131 C. Cls. 790, it was ordered that judgment for the plaintiff be entered for $271.84.

869

No. 454–55. MAY 8, 1957 Joseph L. Madden.

Pay and allowances; retired Army pay. On a stipulation by the parties based on the decision in Tanner v. United States, 129 C. Cls. 792, cert. den. 350 U. S. 842, and on a report by the General Accounting Office computing the amount due plaintiff, it was ordered that judgment for the plaintiff be entered for $26,535.29.

No. 413-56. May 8, 1957 Carl J. Meacham.

Pay and allowances; retired Army pay. On a stipulation by the parties based on the decisions in T'anner v. United States, 129 C. Cls. 792, and Seagrave v. United States, 131 C. Cls. 790, it was ordered that judgment for the plaintiff be entered for $1,853.99.

No. 62-56. MAY 8, 1957 Ralph D. Salisbury.

Pay and allowances; retired Army pay. On a stipulation by the parties based on the decision in Seagrave v. United States, 131 C. Cls. 790, it was ordered that judgment for the plaintiff be entered for $4,155.44.

No. 321–52. MAY 15, 1957
Knapp Brothers Shoe Manufacturing Corporation.

Income and excess profits taxes; educational institution; judgment for plaintiff. Opinion 135 C. Cls. 797.

In this case an order for supplemental judgment was entered as follows:

ORDER On July 12, 1956, the court rendered an opinion together with findings of fact holding that plaintiff was entitled to recover and entering judgment, as later amended, in the sum of $2,673,770.08 with interest thereon as provided by law.

The case is now before the court pursuant to Rule 54 on motion by plaintiff, consented to by the defendant, wherein plaintiff requests that it be awarded a supplemental judgment in the sum of $6,560.61 with interest 449492-58 -57

138 C. Cls.

thereon from March 4, 1952, as provided by law, which amount by inadvertence had not been prayed for in the second amended petition.

Now, THEREFORE, IT IS ORDERED this fifteenth day of May, 1957, that a supplemental judgment be and the same is entered for plaintiff in the sum of six thousand five hundred sixty dollars and sixty-one cents ($6,560. 61), with interest thereon as provided by law, from March 4, 1952. By THE COURT.

MARVIN JONES,

Chief Judge. No. 10–56. May 17, 1957 Sword Line, Inc.*

Contract; actions of a maritime nature; jurisdiction. On defendant's motion it was ordered that plaintiff's petition be dismissed on the grounds that the court lacked jurisdiction over the subject matter.

No. 123-55. JUNE 5, 1957 Charles H. Biederman.

Income tax; refund. On defendant's motion it was ordered that plaintiff's amended petition be dismissed.

No. 11-55. JUNE 5, 1957 East Coast Warehouse Corporation.

Contract; storage of rubber. On a stipulation by the parties agreeing to settlement and consenting to judgment, it was ordered that judgment for the plaintiff be entered for $3,137.14. By separate agreement of the parties concerned it was ordered that the following proceedings be dismissed with prejudice:

(1) the third party petition of Harry B. Helmsley and Bernard H. Kayden, doing business as the River Industrials Company,

(2) the defendant's contingent counterclaim against Harry B. Helmsley and Bernard H. Kayden, doing business as the River Industrials Company, and

(3) the defendant's contingent counterclaim against River Edge Corporation.

*Plaintiff's petition for writ of certiorari denied by the Supreme Court October 14, 1957.

869

No. 503–55. JUNE 5, 1957

Charles J. Zounek.

Suit for salary; Department of the Interior. On a stipulation by the parties agreeing to settlement and consenting to judgment, it was ordered that judgment for the plaintiff be entered for $7,500.

No. 109–56. JUNE 5, 1957 Margaret Walsh Nagle, Widow of Raymond F. Nagle,

Deceased. Suit for salary; Department of Justice. On a stipulation by the parties agreeing to settlement and consenting to judgment, it was ordered that judgment for the plaintiff be entered for $1,265.

No. 426-56. June 5, 1957

Loring W. Batten, Jr. et al.

Pay and allowances; retired pay, armed services. On a stipulation by the parties agreeing to settlement and consenting to judgment, based on the decision in Seagrave v. United States, 131 C. Cls. 790, it was ordered that judgment for plaintiff Simon S. Hendricks (8) be entered for $1,604.20.

No. 169–57. JUNE 5, 1957 William H. Koch.

Pay and allowances; retired Army pay. On a stipulation by the parties agreeing to settlement and consenting to judgment, based on the decision in Tanner v. United States, 129 C. Cls. 792, certiorari denied 350 U. S. 842, it was ordered that judgment for the plaintiff be entered for $10,398.18.

Transportation of Freight On memorandum reports by commissioners stating that the parties had reached agreement at pretrial conferences, it was ordered that judgments be entered for the respective plaintiffs, as follows:

449492—5858

138 C. Cls.

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48, 392. 81 No. 523-52. New York, New Haven and Hartford Bailroad Company--------

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No. 49833. JUNE 12, 1957 Cebu Stevedoring Co., Inc.

Contract. On the basis of the decisions in Soriano v. United States, 352 U. S. 270, and Compania Maritima v. United States, 136 C. Cls. 697, it was ordered that plaintiff's petition be dismissed.

No. 253-55. JUNE 12, 1957 Trygve A. Rovelstad.

Suit for salary; jurisdiction. On the basis of the decision in Borden v. United States, 126 C. Cls. 902, it was ordered that plaintiff's petition be dismissed. Whitaker, Judge, dissented on the basis of his dissent in the Borden case.

ERRATUM In the case of Stephen M. Coleman v. United States, No. 50045, 136 C. Cls. 806, judgment was shown for the plaintiff. Judgment was in favor of the defendant in the amount of $3,000 and plaintiff's petition was dismissed.

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