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100 C. Ols.

commissioner of the court recommending that judgment be entered in favor of the plaintiff in the sum of $18,500, judgment was entered for the plaintiff for $18,500.

OCTOBER 4, 1943 No. 45589. Frieda Vocke McGill, Individually and as Execu

trix of the Last Will of D. P. Doak, Deceased. No. 45590. Dudley Moulton and Chandler Wolcott Burbrow.

Flood control; taking of private property for public use.

Defendant's demurrers sustained and petitions dismissed in an opinion per curiam, as follows:

These cases are presented on demurrers. The facts disclosed by the petitions are similar in all respects to the facts in the case of the Pitt River Power Company v. The United States in which the demurrer was sustained and the petition dismissed and in which certiorari was denied by the Supreme Court, 98 C. Cls. 253, 319 U. S. 747. The demurrers in the instant case are sustained and the petitions are dismissed. It is so ordered.

No. 42927. NOVEMBER 1, 1943

Michele G. DeSimone.

Infringement of patent (No. 1,476,804) on denominator and adding machines purchased by the United States.

Upon plaintiff's motion for judgment (to which the defendant filed no objection), following a stipulation entered into by the parties, showing an offer of settlement by the plaintiff, on November 1, 1943, judgment was entered for the plaintiff in the sum of $2,975.00 plus interest of 4 per cent per annum from July 22, 1931 to date of entry of judgment.

No. 33642. NOVEMBER 8, 1943
Marconi Wireless Telegraph Company of America.

Patents; improvements in wireless telegraphy; validity and infringement; Lodge Patent #609,154.

Opinion, April 6, 1942, 99 C. Cls. 1, awarding just and reasonable compensation, upon commissioner's report as to accounting, on the basis of the special findings of fact and opinion filed November 4, 1935 (81 C. Cls. 671), in which it

563

was held that the Lodge patent #609,154 was valid as to claims 1, 2 and 5 and had been infringed by the Government.

Affirmed in part and vacated in part by the Supreme Court June 21, 1943, 320 U. S. 1, 99 C. Cls. 815, and case remanded to the Court of Claims for further proceedings not inconsistent with the opinion of the Supreme Court.

Upon the filing of a stipulation by the parties the following order was entered November 8, 1943:

ORDER This case comes before the court on the stipulation of the parties filed November 5, 1943, and signed on behalf of the plaintiff by Richard A. Ford and Abel E. Blackman, Jr., and on behalf of the defendant by Attorney General Francis Biddle and Assistant Attorney General Francis M. Shea, in which, among other things, it is stipulated and agreed, as a basis for the entry of judgment by the Court of Claims, that

Whereas “on November 1, 1943, the plaintiff offered to compromise all its claims in this case for (a) $34,827.70 with simple interest thereon at 5% per annum from August 16, 1915, to date of payment of the judgment (being the reasonable and entire compensation allowed by the Court of Claims in that part of its judgment of April 6, 1942, as to which the Government sought no review), plus (b) $10,746.23 with simple interest at 5% per annum from May 27, 1919, to date of payment of the judgment (being equivalent to one-quarter of the amount allowed by the Court of Claims in its judgment of April 6, 1942, on account of claim 16)," and that “on November 3, 1943, this offer was accepted by the Attorney General;" and, further, that “the plaintiff hereby waives and surrenders such part of the total of all its claims for the alleged infringement of the patents in suit as is in excess of the total amount stipulated” herein; and this stipulation being subject to the approval of the court, and the court hereby approving the settlement-now, therefore,

It is ordered this 8th day of November, 1943, that judgment be and the same is entered for plaintiff in the sum of forty-five thousand five hundred seventy-three dollars and ninety-three cents ($45,573.93) with simple interest at five per cent per annum on $34,827.70 from August 16, 1915, and on $10,746.23 from May 27, 1919, both to date of the payment of the judgment herein.

100 C. Cls.

No. 45636. DECEMBER 6, 1943

Edward C. Knouse.

Government contract.

Upon a stipulation by the parties and report from a commissioner of the court recommending that judgment be entered in favor of the plaintiff in the sum of $2,000.00, and on plaintiff's motion for judgment, which was allowed, judgment for plaintiff was entered for $2,000.00.

No. 45036. JANUARY 3, 1944 Paul A. Floersch, Administrator of the Estate of Walter

Petersen, Deceased. Government contract; construction of Post Office building.

Upon a stipulation filed by the parties, and upon a report from a commissioner of the court recommending judgment in the sum named therein; and upon plaintiff's motion for judgment, to which the defendant filed no objection; judgment for the plaintiff was entered in the amount of $881.01.

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

Cases Pertaining to Refund of Taxes

ON OCTOBER 4, 1943

44596. Crystal Corporation.
44597. Trece Laboratories, Inc.
45413, The Manhattan Shirt Com-

pany.
45695. Northern Ohio Power and

Light Company.

45751. The Sellmayer Packing Com

pany. 45768. Pacific Santhwest Realty Com

pany. 45870. The Commercial National

Bank and Trust Company of New York.

ON NOVEMBER 1, 1943

45288. Columbus and Zenia Railroad Company, a Corporation.

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45699. William Jaffa.

Cases Pertaining to Government Contract

ON OCTOBER 11, 1943 45676. Irving Levine.

100 C. Cls.

ON NOVEMBER 1, 1943

45410, Standard Surety & Casualty 45789. Libby, McNeill & Libby. Company of New York, etc.

ON DECEMBER 6, 1943 43830. John Schmoll, Assignee. 45621. Silas Pembroke Whitney et al. 45507. Leslie L. LeVeque et al.

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C-531 (13). The Sioux Tribe of Indians.
C-531 (14). The Sioux Tribe of Indians.
H-211. Saginaw, Swan Creek and Black River Band of Chippewa Indians.

Miscellaneous

ON DECEMBER 6, 1943

45782. Point Wharf Oyster Co., Inc.

ON JANUARY 3, 1944

45526. Lehigh County Agricultural Society.

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