Carroll Electric Co. v. United States

Court of Claims

Carroll Electric Co. v. United States

65 Ct. Cl. 197, 1928 U.S. Ct. Cl. LEXIS 464, 1928 WL 3046

CourtUnited States Court of Claims

DecidedApril 2, 1928

DocketNo. C-922

StatusPublished

This text of 65 Ct. Cl. 197 (Carroll Electric Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carroll Electric Co. v. United States, 65 Ct. Cl. 197, 1928 U.S. Ct. Cl. LEXIS 464, 1928 WL 3046 (cc 1928).

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Opinion

[198]*198MEMORANDUM BY

CHIEF JUSTICE CAMPBELL

This case was referred to a commissioner of the court, to whose report there is no exception. Only one question is presented and that is upon the right of the Government to retain a deduction of'2 per centum of the amount admitted to be due as the consideration for the qualified release. The court has held that such a right does not exist in a case where the same question was presented. See Pawling & Co. case, 60 C. Cls. 699, 707, 712. This case was affirmed, 273 U. S. 665. See also McClintic-Marshall Co., 59 C. Cls. 817. Judgment is awarded for this item.

Moss, Judge; Graham, Judge; and Booth, Judge, concur.

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[198]*198MEMORANDUM BY

CHIEF JUSTICE CAMPBELL

This case was referred to a commissioner of the court, to whose report there is no exception. Only one question is presented and that is upon the right of the Government to retain a deduction of'2 per centum of the amount admitted to be due as the consideration for the qualified release. The court has held that such a right does not exist in a case where the same question was presented. See Pawling & Co. case, 60 C. Cls. 699, 707, 712. This case was affirmed, 273 U. S. 665. See also McClintic-Marshall Co., 59 C. Cls. 817. Judgment is awarded for this item.

Moss, Judge; Graham, Judge; and Booth, Judge, concur.

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Bluebook (online)

65 Ct. Cl. 197, 1928 U.S. Ct. Cl. LEXIS 464, 1928 WL 3046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-electric-co-v-united-states-cc-1928.

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