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FOGARTY V. UNITED STATES, 340 U. S. 8 (1950)

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U.S. Supreme Court

Fogarty v. United States, 340 U.S. 8 (1950)

Fogarty v. United States

No. 6

Argued October 10, 1950

Decided November 6, 1950

340 U.S. 8


In the circumstances of this case, held, that the corporation of which petitioner is trustee in bankruptcy and which had contracts with the Navy Department for the production of war materials, did not, on or before August 14, 1945, file with the Navy Department a "written request for relief" within the meaning of § 3 of the War Contract Hardship Claims Act of August 7, 1946, and therefore was not entitled to relief under that Act. Pp. 340 U. S. 8-14.

(a) Congress intended the term "written request for relief" to mean written notice presented prior to August 14, 1945, to an agency which was authorized to grant relief under § 201 of the First War Powers Act. P. 340 U. S. 13.

(b) No particular form of notice is required; but, whatever the form of notice, it must be sufficient to apprise the agency that it was being asked to grant extra-legal relief under the First War Powers Act for losses sustained in the performance of war contracts. P. 340 U. S. 13.

(c) Documents which sought payment as a matter of right, not relief as a matter of grace, were not sufficient to apprise the Navy Department that it was being asked to accord relief under the First War Powers Act. P. 340 U. S. 14.

176 F.2d 599, affirmed.

In a suit against the United States under the War Contract Hardship Claims Act of August 7, 1946, 60 Stat. 902, 41 U.S.C. § 106, the District Court entered summary judgment for the United States. 80 F.Supp. 90. The Court of Appeals affirmed. 176 F.2d 599. This Court granted certiorari. 339 U.S. 909. Affirmed, p. 340 U. S. 14. chanroblesvirtualawlibrary

Page 340 U. S. 9

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