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829

Customs Service Pay Cases

On the basis of the opinion and mandate of the Supreme Court in the case of Howard C. Myers (No. 43671) et al., 320 U. S. 561, and following the order of the Court of Claims therein, 101 C. Cls. 859; and upon the opinion in O'Rourke v. United States, 109 C. Cls. 33; and upon stipulations of the parties in the cases set forth below, it was ordered that judgment be entered in the respective amounts set forth below, as follows:

ON MARCH 3, 1953

46718 Hugh S. Benton ---
48737 Clarence 0. Best--

$7, 811.52 10, 059. 29

Retired Pay Navy Enlisted Men Following the opinion of the Court in the case of Christopher C. Sanders v. The United States, 120 C. Cls. 501, and upon stipulations of the parties showing the amounts due each of the plaintiffs for additional pay for service in the United States Navy, judgments were entered for the respective plaintiffs for the amounts stated in the several stipulations as follows: ON JANUARY 13, 1953

Number of Docket No.

plaintiffs 50204.

154 180-52_

131 248-52

34

ON FEBRUARY 3, 1953

69

108 97

49607_
49615.
49619_,
50338
50374_
248-52_
264-52

63

21 67 19

ON MARCH 3, 1953

49607. 49645 49646_

26 84 113

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Kamen Soap Products Company.

In the above case, in which an opinion was rendered March 3, 1953 (ante p. 519), an order was issued as follows:

ORDER

There came on to be heard and considered plaintiff's motion in the above-entitled cause for (1) the withdrawal and dismissal of three subpoenas duces tecum, issued on December 5, 1952, commanding the Attorney General, the Secretary of the Army, and the Comptroller General to appear and produce certain documents described in the subpoenas, and (2) for vacating the Court's Orders of March 3, 1953, and April 6, 1953, with respect to the production of such documents; it appearing to the Court that the parties have entered into an informal agreement regarding the production of the documents and that such informal agreement obviates the necessity of obtaining the documents either through subpoenas or in the form of a response to a motion for call; therefore,

IT IS ORDERED this 29th day of April 1953, that plaintiff's motion for the withdrawal of the three subpoenas duces tecum above described is granted; and

IT IS FURTHER ORDERED that the Court's Orders of March 3, 1953, and April 6, 1953, to the extent that they require the Attorney General, the Secretary of the Army, and the Comptroller General to produce the documents described in said orders within the time stated therein, either by subpoena duces tecum or in the form of a response to a motion for call, are hereby vacated; and

IT IS FURTHER ORDERED that in all other respects the Court's Opinion of March 3, 1953, shall remain in full force and effect and that no other portion thereof is withdrawn or vacated.

CASES DISMISSED BY THE COURT OF CLAIMS ON MOTION OF PARTIES, OR OF THE COURT FOR NONPROSECUTION

Cases Pertaining to Refund of Taxes

ON JANUARY 29, 1953

50023. F. V. DuPont.

ON JANUARY 30, 1953

50356. Gabrielle M. S. Keiller.

ON FEBRUARY 18, 1953

49301. J. W. Hull, etc.

ON FEBRUARY 26, 1953

381–52. Watson Bros. Transportation Co., Inc., a Corporation.

ON MARCH 12, 1953

60241. Mary C. Hagood.

ON MARCH 16, 1953

250–52. Quay Franklin.

ON APRIL 7, 1953

381-52. Watson Bros. Transportation Co., Inc.

ON APRIL 20, 1953

197-52. The New York Central Railroad Co.

ON APRIL 21, 1953

50259. Bethlehem Steel Company.

ON APRIL 23, 1953

208-52. Owens-Corning Fiberglas Corporation.

ON APRIL 30, 1953

50267. Federal Insurance Company. 50297. Vigilant Insurance Company.

124 O. Ols.

Cases Pertaining to Transportation of Freight

ON JANUARY 13, 1953

46891. Chicago, Milwaukee, St. Paul and Pacific Rallroad Co.
48870. Great Northern Railway Company.
49791. Great Northern Railway Company.

ON FEBRUARY 3, 1953

46722. Chicago, Milwaukee, St. Paul and Pacific Railway Co.
47121. Union Pacific Railroad Co.
49446. Union Pacific Railroad Company.
46950. The New York Central Railroad Company.
456–52. The New York Central Railroad Company.

ON MARCH 3, 1953 48973. Southern Pacific Company. 49808. Gulf, Mobile and Ohio Railroad Company. 50488. Pennsylvania-Reading Seashore Lines.

ON MARCH 30, 1953

59071 et al. The Pennsylvania Railroad Company (38 cases).

ON APRIL 1, 1953

47890 et al. William Wyer, Trustee, The Long Island Rail Road Com

pany, a corporation (13 cases).

ON APRIL 6, 1953 46692. Chicago, Milwaukee, St. Paul and Pacific Railroad Company.

ON APRIL 7, 1953 47391. The Cincinnati, New Orleans and Texas Pacific Rallway

Company. 48534. The Atchison, Topeka and Santa Fe Railway Co. 48644. Union Pacific Railroad Company. 48668. Union Pacific Railroad Company. 48801. Spokane, Portland and Seattle Railway Company. 48896. Union Pacific Railroad Company. 48945. The New York Central Railroad Company. 49680. The New York Central Railroad Company.

ON APRIL 9, 1953

315–52. The Pennsylvania Railroad Co.

ON APRIL 14, 1953

302–52. Georgia, Southern & Florida Railway Co.

839

ON APRIL 22, 1953

50025. Georgia, Southern and Florida Railway Company. 50026. New Orleans and Northeastern Railroad Company.

ON APRIL 30, 1953

31952. The Pennsylvania Railroad Co.

Cases Pertaining to Pay and Allowances

ON JANUARY 13, 1953

49697. William K. Weaver, Jr.
49839. Elbert Kelly.
50423. John A. Rowe.
126–52. Richard D. LaGarde.
143–52. Philip A. Helmbold.
178-52. William T. Pigott, Jr.
179–52. Ernest LeRoy Wilson.
193_52. Garth B, Haddock.
203-52. Anderson H. Norton,
212–52. Roy W. Holderness.

ON JANUARY 26, 1953 180-52. Gereberto Cayaban.

ON FEBRUARY 3, 1953

49710. Walter W. Derr, Administrator of the Estate of Alan D.

Whittaker, Jr. 50359. William Abbott Robertson. 50386. Clyde Kelly. 50405. Alva Lee. 15-52. Franklin B. Lees. 31-52. Leslie B. C. Jones. 252-52. Alfred E. Larabee.

ON FEBRUARY 5, 1953

50190. Lucien J. Ker.

ON MARCH 3, 1953

49876. Arthur S. Harrington. 50398. James B. Golden.

ON MARCH 19, 1953 49734. Alan B. Hobbes.

ON APRIL 2, 1953

50150. John Fred Grietchen.

2494440355

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