Oswald

Oswald v. United States

Good Law
96 F.2d 10·1938 U.S. App. LEXIS 4697
United States Court of Appeals for the Ninth CircuitMarch 28, 1938No. 8469California1,642 words

Opinion

Lead Opinion

Garrecht, J.

This is an appeal from a judgment of dismissal entered in an action in which Olaf Oswald was plaintiff and the United States of America, defendant. The plaintiff-appellant, Oswald, filed a complaint in which he alleged that he was the duly appointed official court reporter (stenographic) of the District Court of the United States for the Territory of Hawaii,, taking oath as such on November 1, 1931, and being approved by telegram of an Assistant Attorney General of the United States and confirmed by letter to the judge of said court dated October 21, 1931, “specifying the appointment of Plaintiff in grade CAF- 7.” He further alleged that the nature of his claim was for the recovery of $1,-368 with interest, upon an express parol contract for transcribing testimony in connection with appeals taken by the United States from decisions of the said court in certain civil cases in which the United States was a party, to the amount of 6,940 folios (of 100 words) at 20 cents per folio; that he had reported the proceedings in these cases and received per diem expenses from the defendant for each day in court, the United States being exempted by rule of court from payment of such per diem;…

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