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LEGISLATION RELATING TO THE COURT OF

CLAIMS

[PRIVATE LAW 643-81ST CONGRESS]
[CHAPTER 451-2D SESSION]

[H. R. 1606]

AN ACT

Conferring jurisdiction upon the Court of Claims to hear and determine the claim of Auf der Heide-Aragona, Incorporated, and certain of its subcontractors against the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction be, and the same hereby is, conferred upon the United States Court of Claims to hear and determine the claim of Auf der Heide-Aragona, Incorporated, and through it the claims of its subcontractors, against the United States arising out of the performance of a contract with the Veterans' Administration for the construction of a hospital building at Fort Howard, Maryland: Provided, however, That nothing contained in this Act shall be construed as an inference of liability on the part of the United States Government. Approved July 6, 1950.

XXI

LEGISLATION RELATING TO THE COURT OF

CLAIMS

[PRIVATE LAW 808-81ST CONGRESS]

[CHAPTER 701-2D SESSION]
[H. R. 1293]

AN ACT

For the relief of Franco-Italian Packing Company.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the statute of limitations, jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine, and render judgment upon the claim of the Franco-Italian Packing Company, ((1) on the question of liability of the Government and (2) on the question of the amount of the recovery), for losses sustained as the result of the seizure in December 1941 by the United States Navy of two fishing boats owned by such company, which at the time of the seizure were engaged in fishing for tuna off the Pacific coast of Costa Rica: Provided, That the passage of this Act shall not be construed as an inference of liability on the part of the United States: And provided further, That any action instituted hereunder shall be filed within one year after the date of approval of this Act.

Approved August 11, 1950.

XXII

AMENDMENTS TO THE RULES

ORDER

Pending the adoption of revised rules of the United States Court of Claims, which revision is now under consideration.

It is ordered this 31st day of May 1950 that Rule 40%1⁄2be and the same is amended by adding the following paragraph to Section (c):

If, as a result of such examination, such adverse party finds that the claimant's books and records do not support the figures contained in the statement submitted by him, or ́ if such adverse party arrives at results and figures different from those contained in the claimant's statement, such adverse party shall, within the time fixed by the Commissioner, furnish the claimant with a schedule or schedules showing the results of such examination, with specific references to the books and records from which such figures were taken.

Pending the adoption of revised rules of the United States Court of Claims, which revision is now under consideration, It is ordered this 9th day of June 1950, that Rule 3 of the rules of this Court be and the same is hereby amended by adding the following paragraph:

(c) An attorney, barrister, or advocate who is qualified to practice in the highest court of any foreign state which extends a like privilege to members of the bar of this court, may be specially admitted for purposes limited to a particular case. He shall not, however, be authorized to act as attorney of record. In the case of such applicants, the oath shall not be required and there shall be no fee. Such admission shall be only on motion of a member of the bar of this court, notice of which signed by such member and reciting all relevant facts, shall be filed with the Clerk at least 3 days prior to the motion.

ORDER OF THE COURT RELATING TO THE COMMEMORATION OF THE FIFTIETH ANNIVERSARY OF WALTER H. MOLING AS AN EMPLOYEE OF THE COURT OF CLAIMS

MAY 22, 1950.

On the 7th day of May 1900, Walter H. Moling became an employee of this Court. On November 1, 1917, he was appointed one of the Court's auditors and on July 1, 1926, he became the first Secretary to the Court. During the Second World War, from August 1943 to January 1946, Mr. Moling served as Acting Chief Clerk as well as Secretary. Subsequently he has continued as Secretary to the Court. For more than fifty years Mr. Moling has served with dignity and distinction and it is with pleasure and gratitude that the Court takes note, not only of the length of his service, but particularly of the quality of that service which has been and still is characterized by undivided and complete loyalty to this Court and its traditions. Throughout these many years his meticulous attention to the many details of his work and his gracious and courteous manner of conducting the Court's business with members of the bar and the public have been a constant source of pride and satisfaction to the Court.

As a testimonial of the regard of his associates and of the value of his many services, it is directed that this entry be spread upon the records of the Court and a copy thereof be presented to Mr. Moling.

XXIV

CASES DECIDED

IN

THE COURT OF CLAIMS

March 1, 1950, to June 30, 1950, and other cases not heretofore published

SILAS MASON COMPANY, INC., WALSH CONSTRUCTION COMPANY, ATKINSON-KIER COMPANY v. THE UNITED STATES

[No. 48906. Decided February 6, 1950. Plaintiff's motion, defendant's motion and plaintiff's supplemental motion for new trial overruled April 3, 1950]

On the Proofs

Government contract; suit under Special Jurisdictional Act; contract for construction of Grand Coulee Dam.-Under a Special Jurisdictional Act (62 Stat. 1421) conferring Jurisdiction upon the Court of Claims to hear and determine on the merits, and to render, in accordance therewith, judgment upon the joint claim of plaintiffs, excepting therefrom that part of the claim upon which judgment was previously rendered (105 C. Cls. 27; certiorari denied, 329 U. S. 713) involving the contract entered into by the plaintiffs with the United States for the construction of the Grand Coulee Dam and Power Plant on the Columbia River in the State of Washington, plaintiffs filed their petition enumerating and setting forth originally 29* causes of action, several of which were later abandoned. Upon the evidence and the report of the commissioner of the Court of Claims to whom the case had been assigned, the court held that, under the provisions of the Jurisdictional Act and the terms of the contract, the plaintiffs were entitled to recover as set forth below and judgment for the plaintiffs was entered for $658,125.99.

United States 74

*In their petition in the instant case plaintiffs retained the same numbering of their causes of action which they used in the former case, and the court has used that numbering in its findings and opinion. Consequently the numbering it not consecutive.

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