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KELLEY'S CREEK AND NORTHWESTERN RAILROAD
COMPANY ET AL ----
Eminent domain; river improvements in aid of navigation;

high watermark, definition of; only damages as result
of a “taking" recoverable; law of West Virginia as to
riparian rights; structure erected in bed of stream at
owner's peril; Chicago, Milwaukee, St. Paul & Pacific

Railroad Company, 312 U. S. 592.
KELLY'S CREEK COLLIER COMPANY, A WEST VIR-

GINIA CORPORATION------------ ---------
KING, Edna H., etc.----

Government contract; progress payments; decision of con

tracting officer. KINGAN & Co., INCORPORATED.

Government contract; yardage and feeding charges under

Government Relief Program for processing and distrib

uting meat. KNOUSE, EDWARD C.---.

Government contract; judgment entered. KNOWLTON BROS.----

Income tax; reduction in involuntary valuation claimed by

reason of obsolescence. LANDLEY, ADOLF H.----

Reward for information to Government. LANGEVIN, ARTHUR W.----

Government contract; findings of contracting officer final

as to facts and extent of delay but not as to liquidated

damages. LEYDECKER, CHARLES E.----

Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
LINCOLN COTTON MILL COMPANY, A CORPORATION..

Taxes; unjust enrichment tax; protest and refund demand

noted on tax return; statute of limitation. LOBINGIER, CHARLES S.--------

Civilian employe of Government transferred to new official

station not entitled to expenses of packing, crating, and

drayage of household goods unless and until transported. MCGILL, FRIEDA VOCKE, INDIVIDUALLY AND AS ExECUTRIX..

Flood control; taking of private property for public use.
MCGREGOR, ET AL. (Nos. 43693, 43695, 43664, 43665,
43666)-----
Plaintiffs' petitions for writ of certiorari denied by

Supreme Court.

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MCMULLEN, JOSEPH IRVING---

Conviction of Army officer operates as immediate and per-
manent removal from office, under section 203, Title 18,

U.S. Code.
MARCONI WIRELESS TELEGRAPH COMPANY OF AMER-
ICA (No. 33642) -----

Judgment upon remand of the Supreme Court.
MARYLAND CASUALTY COMPANY, A CORPORATION ---

Government contract;right of surety under payment bond to

collect balance due on contract as against set-off for taxes. Mogan, CHRISTOPHER J.-----

Pay and allowances; bachelor officer in Medical Corps,

U.S. A., with dependent mother. MOULTON, DUDLEY, ET AL.----

Flood control; taking of private property for public use. Mr. HEBRON CORPORATION, A CORPORATION

Capital stock tax levied on privilege of doing business as a

corporation.
MYERS, HOWARD C., ET AL. (Nos. 43671, 43672,
43673, 43674, 43675) --------
Reversed in part and affirmed in part by the Supreme

Court.
NATIONAL INDUSTRIAL RECOVERY ACT.---

Cases decided under the Act of June 25, 1938, to recover

increased costs in connection with Government contracts. NEW YORK TRUST COMPANY (THE) AND PERCY H. JENNINGS, EXECUTORS, etc. (No. 45691)------Estate tax; irrevocable trust, income retained by settlor during lifetime, created prior to March 3, 1931; Joint Resolution of March 3, 1931, not retroactive; corpus of trust not includible in gross estate where income is

retained by settlor. NORTHWESTERN BANDS, THE (No. M-107)-

Indian claims; treaty of July 30, 1863; judgment under

Rule 39 (a).
NORTHWESTERN RAILROAD COMPANY, A WEST VIR-
GINIA CORPORATION.-----
Eminent domain; river improvements in aid of naviga-

tion; high watermark, definition of; only damages as
result of "taking” recoverable; law of West Virginia as
to riparian rights; structure erected in bed of stream at
owner's peril; Chicago, Milwaukee, St. Paul & Pacific

Railroad Company, 312 U. S. 592.
PENNSYLVANIA Air LINES, INC.--------

Air mail contracts; agreement by operators; annulment

under section 3950, Revised Statutes.

523

UUTII 41U1-------------

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POLLEN, ARTHUR HUNGERFORD (Maud POLLEN, Ex-
ECUTRIX), ET AL.

-----
Patents for certain mechanism designed for use in con-

nection with the fire control of guns of large caliber. POLLEN, MAUD, EXECUTRIX, ET AL.----

Patents for certain mechanism designed for use in con

nection with the fire control of guns of large caliber. POPE, ALLEN (No. 45704)---

Special Jurisdictional Act directing judgment of Court of

Claims held invalid. POWELL, CLIFFORD PORTER

Pay and allowances; bachelor officer in U.S. Navy with

dependent mother. PRATT, Fabian L.--

Pay and allowances; officer in Medical Corps, U. S. Army,

rated as qualified airplane pilot entitled to pay of flying

officer.
R. C. HUFFMAN CONSTRUCTION COMPANY.---------
Government contract; notice to investigate conditions;

misrepresentation; decision of contracting officer, after
required investigation, final in absence of proof that
finding was arbitrary or grossly erroneous; liquidated

damages; increased labor costs.
RODIEK, FREDRICK, ANCILLARY EXECUTOR OF THE
WILL OF JOHN F. HACKFELD, DECEASED.-
Enemy-owned property sold by Alien Property Custodian

under “Trading with the Enemy Act."
SCHIFFMAN, ELSIE S., AND LAWRENCE B. GOLDSMITH,
EXECUTORS, etc.--------
Estate tax; claim against estate at time of decedent's

death settled by beneficiary not deductible for estate tax
purposes; an estate is a separate tax entity under the

estate tax statute; net estate for tax purposes.
SCHIFFMAN, ROBERT L., ESTATE OF-----
SEA Gull LUBRICANTS, INC., ETC------

Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
SHOSHONE INDIANS (No. M-107)------
SJÖSTRÖM COMPANY, INC., John E., A CORPORATION.

Increased costs under National Industrial Recovery Ad-
ministration Act; evidence not sufficient to show in-
creased costs of lumber were result of enactment; in-
creases made to maintain wage differentials among
employees; increased labor costs which were direct
result of enactment.

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SOUTHEASTERN FAIR ASSOCIATION-----

Social Security taxes; corporation conducting educational

fair, without profit to individuals, exempt; same lan

guage in different statutes. SOUTHERN RAILWAY COMPANY (No. 45227)-------

Freight charges for transportation of Government prop

erty; equalization agreement; land-grant routes; juris

diction. SUSQUEHANNA & NEW YORK RAILROAD Co.-----

Government contract; fair value of certain railroad ma

terial requisitioned by defendant.
THOMAS EARLE & SONS, Inc., A CORPORATION
(No. 45015)-----
Government contract; rejection of claim by Comptroller

General; failure of contracting officer to make decision.
Tioga CONTRACTING COMPANY..
UNITED STATES FIREPROOFING CO.-----

Government contract; delay.
UNITED STATES LINES OPERATIONS, INC.-------

Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
UTE INDIANS, THE CONFEDERATED BANDS OF (No.
45585)----------------
Indian claims; retention of interest by Ute Indians in

lands ceded to United States by 1880 agreement;
sovereign as party to agreement; interpretation of
agreement as shown by actions of Government; pro-
vision of 1938 Act constitutes a “taking," for which

plaintiffs are entitled to compensation. WASHINGTON, Cora.

Government contract; liability of Government charity

hospital to a pay patient for the kidnapping of her

child. WEENINK AND SONS COMPANY, THE (John)------

Increased labor costs under National Industrial Re

covery Act; recovery under the Act of June 25, 1938,

only for direct results of enactment.
WILLIAMS, LAWRENCE M., AS LIQUIDATOR (Nos.
45050 and 45654)-----
Plaintiff's petition for writ of certiorari denied by the

Supreme Court.
WINNEBAGO TRIBE OF INDIANS.--

Indian claims; liability of United States for taking Indian

property.

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1855, February 27; 10 Stat. 1172; Winnebago Tribe..
1859, April 15; 12 Stat. 1101; Winnebago Tribe....

1863, February 21; 12 Stat. 658; Winnebago Tribe.

1863, March 3; 12 Stat. 765; Pope..--

1865, March 6; 14 Stat. 667; Winnebago Tribe....

1865, March 8; 14 Stat. 671; Winnebago Tribe.

1866, March 17; 14 Stat. 9; Pope---------

1868, March 2; 15 Stat. 619; Confederated Bands -

1874, April 29; 18 Stat. 36; Confederated Bands -

1879, March 1; 20 Stat. 351; Clinton Trust Co.---.

1880, June 15; 21 Stat. 199; Confederated Bands...

1882, June 30; 22 Stat. 118; McMullen.---

1882, July 28; 22 Stat. 178; Confederated Bands.-

1884, July 5; 23 Stat. 107, 111; Southern Ry, Coca-

1887, February 4; 24 Stat. 379, 387; Southern Ry. Co

1891, March 3; 26 Stat. 839, 840; Jack L. Carroll.

1899, March 3; 30 Stat. 1121; Kelley's Creek..

1900, April 30; 31 Stat. 141; Rodiek, Exr...

1904, April 28; 33 Stat. 429; Hele..

1907, March 2; 34 Stat. 1217, 1218; Dugan.---

1909, February 27; 35 Stat. 658; Hele...

1909, March 3; 35 Stat. 781, 788, 789; Confederated Bands

1909, August 5; 36 Stat. 11, 112; Mt. Hebron Corporation

1910, June 25; 36 Stat. 819; Jack L. Carroll..

1910, June 25; 36 Stat. 851; Pollen.---

1915, March 4; 38 Stat. 997, 1069; Cole.

1915. March 4; 38 Stat. 1062, 1068; McMullen...

1916, August 29; 39 Stat. 556; Dugan..

1917, October 6; 40 Stat. 411; Rodiek, Exr.

1918, July 1; 40 Stat. 704, 705; Pollen ...

1920, June 4; 41 Stat. 759, 768; Baker..

1920, June 5; 41 Stat. 977; Rodiek, Exr...

1921, November 23; 42 Stat. 227, 278; N. Y. Trust Co.

1922, June 10; 42 Stat. 625; Holmes..

1922, June 10; 42 Stat. 625; Cole------

1924, May 31; 42 Stat. 250; Holmes....

1924, May 31; 43 Stat. 250; Cole -----

1925, February 13; 43 Stat. 939; Pope---

1925, February 28; 43 Stat. 1060, 1061; Coleman..--

1925, February 28; 43 Stat. 1080, 1087; Dugan....

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