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_. 46737 Clarence O. Best_-_. Retired Pay Navy Enlisted Men $7, 811. 52 10, 059. 29 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: 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 50241. 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 C. Cls. Cases Pertaining to Transportation of Freight ON JANUARY 13, 1953 46891. Chicago, Milwaukee, St. Paul and Pacific Railroad 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 Company, 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 Railway 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 319-52. 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. 249444-53-55 |