Page:United States Statutes at Large Volume 62 Part 2.djvu/147

 62 STAT.] 80TH CONG., 2D SESS.-CHS. 821, 831 -JULY 2, 3, 1948 Construction Company, of Forth Worth, Texas, under Reclamation Bureau contract numbered I2r-15757 arising out of or attributable to the alleged failure of the Government to supply materials as provided for in said contracts. SEC. 2. The court shall cause such findings to be certified to the Sec- retary of the Treasury, who is hereby authorized and directed to pay, out of any money not otherwise appropriated, the amount set forth in said findings to the Luther Brothers Construction Company. Approved July 2, 1948. 1421 [CHAPTER 831] AN ACT J 3,1948 Conferring jurisdiction upon the Court of Claims of the United States to hear, [s. 22171 determine, and render judgment upon the joint claims of Silas Mason Company, [Private Law 457] Incorporated; Walsh Construction Company; and Atkinson-Kier Company. Be it enacted by the Senate and House of Representatives of the UnitedStates of America in Congress assembled, That jurisdiction is isnls Mason Co., hereby conferred upon the Court of Claims of the United States toothe hear and determine on the merits and to render, in accordance there- with, judgment upon the joint claims of Silas Mason Company, Incorporated; Walsh Construction Company; and Atkinson-Kier Company against the United States which are embodied in the petition of the said companies filed in the Court of Claims May 1, 1939, as amended February 14, 1940, and therein docketed as number 44,659, excepting from such jurisdiction, however, the claims set out as causes of actions numbered 22, 24, 25, 26, 27, 30, and 31 in the said petition and excepting therefrom that part of the claim set out as cause of action numbered 14 in the said petition for which judgment was rendered by the Court in number 44,659 on October 1, 1945, in the amount of $1,099.80. The Court of Claims is directed to hear, deter- mine, and render judgment upon the said claims notwithstanding any prior determination, any statute of limitation or any abandonment of, nonconformance with, or deviation from the protest and appeal provisions and procedure of the said contract, including but without limitation to article 15 of the contract and paragraph 14 of specifica- tions numbered 570 involved in such claims, and without regard to any provisions of the said contract or specifications purporting to confer finality upon the decisions of questions arising under the contract by any officer of the United States. SEC. 2. Adjudication of the said claims by the Court of Claims is directed to be made without reference to the decision by the court in the case of Silas Mason Company, Incorporated, Walsh Construction Company, Atkinson-Kier Company against the United States on October 1, 1945, numbered 44,659; but the court shall consider as the evidence in such suit any and all evidence heretofore taken by the parties in the said case of Silas Mason Company, Incorporated, Walsh Construction Company, Atkinson-Kier Company against the United States; and the court may use as a basis for its findings of fact the report of its commissioner, Ewart W. Hobbs, filed January 11, 1944, upon such evidence subject to the exceptions thereto filed by the peti- tioners and by the defendant United States both on May 1, 1944. SEC. 3. Any suit upon such claims brought under the provisions of Time limitation. this Act shall be instituted within six months from the date of enact- ment of this Act. Proceedings for the determination of such claims, and appeals from, and payment of, any judgment thereon shall be in the same manner as in the case of claims over which such court has t 3 sta. t Is 62 jurisdiction under section 145 of the Judicial Code, as amended. 2su.s.c. t2 Approved July 3, 1948. 6870'--51-PT. l---

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