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LITIGATION REPORT

[[underlined]] New Cases [[/underlined]]

1. Petition of the United States, on Behalf and for the Benefit
[[underlined]] of the Smithsonian Institution, Trustee [[/underlined]]

A petition requesting the court to construe certain provisions of the J. Seward Johnson Trust Fund was filed in the U. S. District Court for the District of Columbia by the Department of Justice on behalf and for the benefit of the Smithsonian Institution, trustee, on February 24, 1977. On April 11, 1977, a joint motion of Harbor Branch Foundation, Inc., and J. Seward Johnson to intervene was filed. Preliminary rulings on submissions are pending.

2. [[underlined]] Lacey Act Investigation at the National Zoological Park [[/underlined]]

A Federal investigation for violation of the Lacey Act (prohibiting the acquiring or receiving of animals improperly or unlawfully exported from their countries or States of origin) and possibly other laws is being conducted by the U. S. Attorney's Office in Philadelphia, Pennsylvania. The investigation includes potential violations by National Zoological Park personnel.

3. [[underlined]] Morrissette [[/underlined]] v. [[underlined]] United States [[/underlined]]

This suit, filed in the United States Court of Claims on February 11, 1977, arises out of the default of a contractor for the "Nation of Nations" exhibit in the National Museum of History and Technology. Upon default, the Smithsonian completed the project and paid subcontractors and materialmen claims from surety bonds. The surety is attempting to recover approximately $90,000. The Department of Justice is handling this case.

[[underlined]] Developments in Cases Previously Reported [[/underlined]]

1. [[underlined]] Precure [[/underlined]] v. [[underlined]] United States and John Naveau [[/underlined]]

As previously reported, this suit was filed April 21, 1976, against the United States and a Smithsonian security guard because of an incident in the Gem Hall of the National Museum of Natural History when a 17-year-old boy was placed under arrest for tampering with the