Amount claimed, $4,527.69; amount reported, $3,977.69.

11. Joe Smith Phifer, Route 1, Doyle, Tenn. On August 2, 1943, the operator of an Army carry-all engaged in operations incident to noncombat activities of the War Department or of the Army failed to exercise reasonable precautions upon becoming fatigued, thereby causing the Government vehicle to strike claimant's store building, damaging it and merchandise therein to the extent of $1,350.

Amount claimed, $1,400; amount reported, $1,350.

12. Jennie A. Sullivan, Gallatin, Tenn. During July and August 1942 military personnel engaged in field exercises incident to noncombat activities of the War Department or of the Army entered upon claimant's land and because of the necessity for use of aircraft and motor vehicles destroyed an unmatured crop of lespedeza hay and damaged the land, thereby causing a loss to claimant in the amount of $2,000.

Amount claimed, $2,500; amount reported, $2,000.

13. Aberdeen & Rockfish Railroad Co., Aberdeen, N. C. On July 28, 1943, civilian personnel engaged in operations incident to noncombat activities of the War Department or of the Army failed to remove deposits of sand and clay from claimant's right-of-way subsequent to grading highway approaches thereto, causing derailment of claimant's equipment, damaging it to the extent of $9,068.25. Amount claimed, $9,183.26; amount reported, $9,068.25.

14. Leo Le Lievre, Sault Ste. Marie, Mich. On January 7, 1943, claimant's six-room house occupied by military personnel under a lease was totally destroyed by fire caused by a defective stovepipe which had been installed by military personnel incident to noncombat activities of the War Department or of the Army, resulting in a loss to the claimant in the amount of $3,000. Amount claimed, $4,044.48; amount reported, $3,000.

15. R. L. Woerner and Elmer Anderson, doing business as R. L. Woerner Transports, Clay Center, Kans. On July 16, 1943, military personnel engaged in operations incident to noncombat activities of the War Department or of the Army drove an Army truck on the wrong side of the highway and collided with claimants' tractor and trailer damaging them to the extent of $5,569.50. Amount claimed, $6,287.97; amount reported, $5,569.50.

16. Maude E. Harris, executrix of the estate of C. M. Harris, Whites, Va. On April 6, 1943, military personnel engaged in practice firing of field artillery incident to noncombat activities of the War Department or of the Army caused fires which destroyed 528 acres of timberland located on claimant's property, thereby causing a loss to the estate in the amount of $2,252.

Amount claimed, $2,252; amount reported, $2,252.

Director, Bureau of the Budget, Washington, D. C. DEAR MR. SMITH: In accordance with the act of July 3, 1943 (Public Law 112, 78th Cong.), to provide for the settlement of claims for damage to or loss or destruction of property or personal injury or death caused by military personnel or civilian employees, or otherwise incident to noncombat activities, of the War Department or of the Army, this Department has considered, ascertained, adjusted, and determined, in amount in excess of $1,000, claim for damage to or loss or destruction of property and personal injury as hereinafter specified. The claim arose on or after May 27, 1941, and was presented in writing within 1 year after the accident or incident out of which it arose or otherwise within the time provided in the act. The

amount found due the claimants, which they have agreed to accept in full satisfaction and final settlement of the claim, is hereby certified as having been determined to be of the character contemplated by the provisions of the act for report to Congress for its consideration and it is recommended that it be submitted to Congress for appropriation for the payment thereof. A brief statement of the character of the claim, the amount claimed, and the amount reported follows:

William A. Carns and Helen Carns. Box 794, Wilson Avenue, Vallejo, Calif. On January 21, 1943, military personnel engaged in noncombat activities of the War Department or of the Army failed to prevent a strong surface wind from puncturing a barrage balloon, thereby permitting the gas to escape and explode near claimants' property, damaging it to the extent of $4,002.84. Amount claimed, $4,002.84; amount reported, $4,002.84.

JUDGMENTS RENDERED AGAINST THE GOVERNMENT BY UNITED STATES DISTRICT COURTS

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

PURSUANT TO LAW, RECORDS OF JUDGMENTS RENDERED AGAINST THE GOVERNMENT BY UNITED STATES DISTRICT COURTS, AMOUNTING TO $3,625

MARCH 16 (legislative day, FEBRUARY 7), 1944.--Read; referred to the Committee on Appropriations and ordered to be printed

The PRESIDENT OF THE SENATE.

THE WHITE HOUSE, Washington, March 14, 1944.

SIR: I have the honor to transmit herewith for the consideration of Congress, in accordance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), records of judgments rendered against the Government by United States district courts as submitted by the Department of Justice through the Treasury Department, and which require an appropriation of $3,625 together with an indefinite appropriation to pay interest.

The necessity for the appropriation asked is explained in the letter of the Director of the Bureau of the Budget, transmitted herewith, in whose comments and observations thereon I concur.

Respectfully,

FRANKLIN D. ROOSEVELT.

EXECUTIVE OFFICE OF THE PRESIDENT,

The PRESIDENT,
The White House.

BUREAU OF The Budget, Washington, D. C., March 13, 1944.

SIR: I have the honor to submit herewith for your consideration in accordance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), records of judgments rendered against the Government by United States district courts under the provisions of the act of March 3, 1887, as amended by section 297 of the act of March 3, 1911 (28 U. S. C. 761), as submitted by the Department of Justice through the Treasury Department, as follows:

Under

Federal Works Agency: Public Buildings Administration.
Navy Department..

Total.

$2,350 1, 275

3, 625

For the payment of these judgments there is required at this time an appropriation of $3,625 together with an indefinite appropriation to pay interest: Provided, That payment is to be made only when right of appeal shall have expired.

The letter from the Treasury Department and copies of the records of judgments submitted by the Department of Justice are attached. Since the foregoing are obligations of the Government, lawfully imposed, which (subject to the reserved right of appeal) must be paid, an appropriation for that purpose is necessary at this time.

Very respectfully,

HAROLD D. SMITH, Director of the Bureau of the Budget.

Judgments under Tucker Act.

TREASURY DEPARTMENT,
Washington, March 9, 1944.

The DIRECTOR, BUREAU OF THE BUDGET.

SIR: There are transmitted herewith for submission to Congress, in compliance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), records of judgments rendered against the Government by United States district courts under the provisions of the act of March 3, 1887, as amended by section 297 of the act of March 3, 1911 (28 U. S. C. 761), as submitted to the Treasury Department by the Attorney General, as follows:

Under Independent Offices: Federal Works Agency, Public Buildings
Administration..

Under Executive Departments: Navy.

Total...

$2,350

1, 275

3, 625

For the payment of these judgments, there is required an appropriation of $3,625, together with such amount as may be necessary to pay interest; provided that payment of these judgments is to be made only when the right of appeal shall have expired.

Very truly yours,

W. N. THOMPSON, Administrative Assistant to the Secretary.

DEPARTMENT OF JUSTICE, Washington, D. C., February 17, 1944.

Re A. J. Paretta Contracting Co., Inc., v. United States (District Court of the United States for the Eastern District of New York), Civil No. 1363

DEPARTMENT OF THE TREASURY,

Washington, D. C.

SIRS: There is enclosed for report for appropriation a certified copy of judgment for plaintiff entered in the above-entitled cause on January 6, 1944, in the amount of $600.

This action was brought under the Tucker Act of March 3, 1887, as amended (28 U. S. C. A., secs. 41 (20) 761-765, inclusive) for the sum of $1,804.03. The plaintiff sued under contract No. Tĺpb 1595 for the construction of a post office at New Rochelle, N. Y., claiming excess costs for furnishing temporary heat during construction. The Federal Works Agency, Public Buildings Administration, is the agency

in interest.

Appeal will not be taken from this judgment.

It would appear that the judgment will bear interest at the rate of 4 percent from the date of its entry until the date when an appropriation is made for its payment as provided by section 10 of the Tucker Act (28 U. S. C. A., sec. 765).

Max E. Greenberg, 270 Broadway, New York City, appears as attorney of record for the plaintiff.

Respectfully,

FRANCIS M. SHEA,

Assistant Attorney General.
(For the Attorney General).

Name: A. J. Paretta Contracting Co., Inc.

Date: January 6, 1944.

Amount: $600.

Costs: None.

Interest: Indefinite.

Nature of claim: Suit brought under Tucker Act for excess costs for furnishing temporary heat during construction of a post office at New Rochelle, N. Y. (Federal Works Agency, Public Buildings Administration).

Final decree: Ordered, adjudged, and decreed that plaintiff recover from the United States the sum of $600 with interest at 4 percent from January 6, 1944. Court: United States District Court for the Eastern District of New York.

DEPARTMENT OF JUSTICE, Washington, D. C., February 16, 1944.

Re A. J. Paretta Contracting Co., Inc. v. United States (District Court of the United States for the Eastern District of New York, Civil No. 1149)

DEPARTMENT OF THE TREASURY,

Washington, D. C.

SIRS: There is enclosed for a report for appropriation a certified copy of judgment for plaintiff entered in the above-entitled cause on January 6, 1944, in the amount of $1,750.

This action was brought under the Tucker Act of March 3, 1887, as amended (28 U. S. C. A., secs. 41 (20), 761-765, inclusive), for the sum of $5,133.48. The plaintiff sued on three causes of action under