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92 C. Cls.

No. 44263. NOVEMBER 12, 1940

Emmett F. Dickerson.

Pay and allowances; reenlistment allowance; suspension of basic pay act. Judgment for the plaintiff; 89 C. Cls. 520. Reversed by the Supreme Court, May 27, 1940; 310 U. S. 554; rehearing denied, October 11, 1940.

Dismissed November 12, 1940, in conformity with the mandate and opinion of the Supreme Court.

Emil Mosbacher.

No. 43916. FEBRUARY 17, 1941

Income tax; deduction for losses; statements by taxpayer. Opinion 90 C. Cls. 247, petition dismissed. Reversed by the Supreme Court, November 18, 1940; 311 U. S. 619; post, p. 609.

In accordance with the mandate of the Supreme Court, and upon a stipulation of the parties as to the amount due thereunder, judgment for the plaintiff was rendered February 17, 1941, in the sum of $64,757.13, together with interest at 6 percent per annum as follows: on $55,857.52 from June 7, 1935; on $1,000.38 from August 2, 1934; on $2,241.90 from December 14, 1933; on $2,241.90 from September 12, 1933; on $2,742.99 from June 15, 1933, and on $673.34 from March 15, 1933.

SUBSEQUENT ORDERS

In cases heretofore decided, as indicated below, orders were entered subsequent to March 2, 1941, as follows:

Francis O'Hara.

No. 44261. MARCH 12, 1941

Pay and allowances; right of retirement of enlisted man, U.S. A.

In accordance with its opinion of October 7, 1940, ante, p. 306, and upon a report from the General Accounting Office with reference to the amount due, it was found that the petition in this case having been filed November 18, 1938, the plaintiff was therefore barred from recovering for the period prior to November 18, 1932, and judgment for the plaintiff was accordingly rendered in the sum of $2,488.80.

92 C. Cls.

No. 42696. APRIL 7, 1941

Kate B. Goltra and E. Field Goltra, Jr., Executors of Edward F. Goltra, Deceased.

Government contract; illegal cancellation and termination. Decided April 1, 1940. Judgment for the plaintiffs in the sum of $350,000 with interest. 91 C. Cls. 42.

In accordance with the decision of the Supreme Court, modifying the judgment of the Court of Claims, which was affirmed as modified (312 U. S. 203), post, p. 616, and on mandate of the Supreme Court in accordance therewith, the judgment entered on April 1, 1940, supra, was vacated and withdrawn and judgment was entered for plaintiffs in the sum of $350,000 without interest.

It was further ordered that the opinion of the Court announced April 1, 1940, supra, be amended by striking out all of the last paragraph of said opinion after the figures "$350,000" (91 C. Cls. 75) so that the paragraph as amended will read:

"Judgment is entered for the plaintiffs in the sum of $350,000."

The opinion as thus amended and the special findings of fact to stand.

No. 44307. APRIL 7, 1941

Cowden Manufacturing Company.

Processing taxes under Agricultural Adjustment Act; effective date; Government contract.

Decided April 1, 1940. Judgment for the plaintiff. 91 C. Cls. 75.

In accordance with the decision of the Supreme Court (312 U. S. 34), post, p. 613, reversing the decision of the Court of Claims, and on mandate of the Supreme Court in accordance therewith, the judgment heretofore entered in favor of the plaintiff, supra, was vacated and withdrawn.

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

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On the authority of Tennessee Consolidated Coal Co., 89 C. Cls. 542

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