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Chief Justice

RICHARD S. WHALEY

Judges

BENJAMIN H. LITTLETON

MARVIN JONES Sam E. WHITAKER

J. WARREN MADDEN WILLIAM R. GREEN *

Judges Retired SAMUEL J. GRAHAM

FENTON W. Booth, Ch. J. WILLIAM R. GREEN

Commissioners of the Court ISRAEL M. FOSTER 1

RICHARD H. AKERS HAYNER H. GORDON

C. WILLIAM RAMSEYER EWART W. HOBBS

MELVILLE D. CHURCH 3 HERBERT E. GYLES

Auditor and Reporter

JAMES A. HOYT

Secretary

WALTER H. MOLING

Chief Clerk

Assistant Clerk WILLARD L. HART

John W. TAYLOR
Bailiff
JERRY J. MARCOTTE

Assistant Attorneys General

(Charged with the defense of the Government) FRANCIS M. SHEA

Samuel 0. Clark, Jr. NORMAN M. LITTELL

*Judge Green recalled to sit, hear, and determine all questions which may arise in cases heard by him. 1 Retired as of March 31,

1942. · Resigned as of March 31, 1942.

V

TABLE OF CASES REPORTED

NOTE.- For cases dismissed and not indexed hereunder

see page 766 et seq.

Page 764

718

109

471

764

762

411

ADAMS TRANSFER & STORAGE Co.

Judgment entered. AGETON, ARTHUR A.

Pay and allowances; lieutenant in Navy with dependent

mother; rental allowance while on sea duty. AGNE, HENRY ROBERTS.

Income tax; proceeds of stock sale in cash and notes as

taxable income. ALABAMA COTTON COOPERATIVE ASSOCIATION

Federal Farm Board Operations; responsibility for losses

sustained by cooperative marketing associations. AMERICAN COTTON OIL Co..

Cotton Linter Case; judgment entered. BAKER-WHITELEY COAL Co., THE..

Increased costs under National Industrial Recovery Ad

ministration Act; judgment entered. BARNES, STANLEY M.

Pay and allowances; unmarried Navy officer with de

pendent mother. BASKIN, JAMES CARLISLE

Right to sue for salary where employment was terminated

on charges. BASKIN, JAMES CARLISLE

Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
Bath IRON WORKS CORPORATION.

Increased costs under National Industrial Recovery Ad

ministration Act; judgment entered. BOLIVAR COTTON OIL Co.-

Contract for cotton linters; claim voluntarily transferred. BRABSON, SAM M...

Property of Army officer damaged during shipment from

post to home under order of retirement; "in the mili-
tary service.

455

776

762

182

187

V

Page 343

741

471 461

314

504

192

741

762

BRAEBURN ALLOY STEEL CORPORATION.

Compensation under Fifth Amendment to the Constitu

tion; consequential damages as distinguished from a

taking. Brasol, BORIS.

Attorneys' fees in Russian Volunteer Fleet case. CALIFORNIA COTTON COOPERATIVE ASSOCIATION, LTD. CALIFORNIA MILLING CORPORATION

Government contract; nonpayment of processing tax. CALLAHAN WALKER CONSTRUCTION Co...

Government contract; decision of contracting officer con

fined to questions of fact. CASSIDY & GALLAGHER, INC.--.

Government contract; inspection of site by contractor;

extra expense. CHICKASAW NATION, THE (No. K-336)-

Indian claims; allotments to freedmen of the Choctaw

Nation from tribal lands held in common by the Choc

taw Nation and the Chickasaw Nation. COUDERT, FREDERIC R., et al...

Attorneys' fees in Russian Volunteer Fleet case. CROCKER-WHEELER ELECTRIC MANUFACTURING Co.

Increased costs under National Industrial Recovery Ad

ministration Act; judgment entered.
CROOKS TERMINAL WAREHOUSES, INC. (No. 44115).

Judgment entered.
D. C. ENGINEERING COMPANY, RECEIVERS OF....

Government contract; excess costs due to delay; responsi

bility of defendant. DOONER, COLUMBIA HALEY, et al.

Taking of private property for public use; completion by

United States Government of project begun by State

of Illinois. Douglas AIRCRAFT Co., Inc. (No. 44837)-

Government contract; award made without advertising

for bids; cost of manufacture including proportionate

part of development cost. DOUGLAS AIRCRAFT Co., Inc. (No. 44199)-

764

84

392

140

745 Pago 741

Extra labor costs under National Industrial Recovery

Administration Act; date of completion of contract;

claim not timely filed. DOWNEY, AS RECEIVER, INTERVENORDULANY, H. Rozier, JR...

Attorneys' fees in Russian Volunteer Fleet case.

219 741

42

471

531

775

582

764

762

ELIASHEVITCH, Basil B...

Attorneys' fees in Russian Volunteer Fleet case. ENGINEERS' CLUB OF PHILADELPHIA.

Excise tax; dues and initiation fees of members of social

club; res judicata.
FEDERAL Farm BOARD OPERATIONS (CONGRESSIONAL

Nos. 17750, 17751, 17752, 17753, 17754, 17755,
17756, 17757, 17758, 17760).
Responsibility for losses sustained by Cooperative Mar-

keting Associations; Report to Congress. FICKLEN, JOHN D.

Pay and allowances; officer in Air Corps Reserve, U. S. A.,

with dependent mother. FIFTH AVENUE BANK, THE

Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
FISCHBECK SOAP Co., A CORPORATION

Excise tax; toilet soap.
FORD BROS. VAN & STORAGE Co.

Judgment entered.
FORT WORTH SAND & GRAVEL Co.---

Increased costs under National Industrial Recovery Ad

ministration Act; judgment entered. FRAENKEL, OSMOND K...

Attorneys' fees in Russian Volunteer Fleet case. FULTON MARKET COLD STORAGE Co.

Excise tax on electrical energy under the Revenue Act of

1932; "commercial" consumption. GARTZ, VICTOR E....

Attorneys' fees in Russian Volunteer Fleet case.
GEORGIA COTTON GROWERS COOPERATIVE ASSOCIA-

TION.
GREAT LAKES CONSTRUCTION Co. (No. 43512)------

Government contract; incomplete plans; changes in plans

covered by supplemental agreement. GREAT LAKES ENGINEERING WORKS, THE

Increased costs under National Industrial Recovery

Administration Act; judgment entered. GREAT NORTHERN RAILWAY Co.--

Failure to return freight cars in good condition; judgment

entered. HALL, JOSEPHINE V...

Income tax; depreciation; amortization; recoupment.

741

710

741

471 479

762

765

539

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