Mosbacher v. United States

Court of Claims

Mosbacher v. United States

36 F. Supp. 904, 1941 U.S. Claims LEXIS 3, 92 Ct. Cl. 602

CourtUnited States Court of Claims

DecidedFebruary 17, 1941

DocketNo. 43916

StatusPublished

This text of 36 F. Supp. 904 (Mosbacher 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

Mosbacher v. United States, 36 F. Supp. 904, 1941 U.S. Claims LEXIS 3, 92 Ct. Cl. 602 (cc 1941).

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Opinion

WHALEY, Chief Justice.

This case comes before the court on stipulation of the parties; and it appearing that on January 8, 1940, the Court of Claims filed special findings of fact with an opinion holding that plaintiff was not entitled to recover, and dismissing the petition, 30 F. Supp. 703; and it further appearing that on December 23, 1940, the mandate of the Supreme Court of the United States was filed reversing the decision of this court and remanding the case for further proceedings, 61 S.Ct. 167, 85 L.Ed.-; and it further appearing that on February 6, 1941, a stipulation was filed, signed on behalf of the plaintiff by Mr. Mark Eisner and on behalf of the defendant by Assistant Attorney General Samuel O. Clark, Jr., agreeing that in compliance with said mandate of the Supreme Court judgment be entered for plaintiff in the sum of $64,757.13, together with interest, — now, therefore,

It is ordered this 17th day of February, 1941, that judgment be and the same is entered in favor of plaintiff in said sum of $64,757.13, with interest at 6 per cent, per annum on parts thereof as follows: on the sum of $55,857.52 from June 7„ 1935; on the sum of $1,000.38 from August 2, 1934; on the sum of $2,241.90 from December 14, 1933; on the sum of $2,241.90 from September 12, 1933; on the sum of $2,742.09 from June 15, 1933; and on the sum of $673.34 from March 15, 1933.

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WHALEY, Chief Justice.

This case comes before the court on stipulation of the parties; and it appearing that on January 8, 1940, the Court of Claims filed special findings of fact with an opinion holding that plaintiff was not entitled to recover, and dismissing the petition, 30 F. Supp. 703; and it further appearing that on December 23, 1940, the mandate of the Supreme Court of the United States was filed reversing the decision of this court and remanding the case for further proceedings, 61 S.Ct. 167, 85 L.Ed.-; and it further appearing that on February 6, 1941, a stipulation was filed, signed on behalf of the plaintiff by Mr. Mark Eisner and on behalf of the defendant by Assistant Attorney General Samuel O. Clark, Jr., agreeing that in compliance with said mandate of the Supreme Court judgment be entered for plaintiff in the sum of $64,757.13, together with interest, — now, therefore,

It is ordered this 17th day of February, 1941, that judgment be and the same is entered in favor of plaintiff in said sum of $64,757.13, with interest at 6 per cent, per annum on parts thereof as follows: on the sum of $55,857.52 from June 7„ 1935; on the sum of $1,000.38 from August 2, 1934; on the sum of $2,241.90 from December 14, 1933; on the sum of $2,241.90 from September 12, 1933; on the sum of $2,742.09 from June 15, 1933; and on the sum of $673.34 from March 15, 1933.

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Bluebook (online)

36 F. Supp. 904, 1941 U.S. Claims LEXIS 3, 92 Ct. Cl. 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosbacher-v-united-states-cc-1941.

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