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PHELPS v. UNITED STATES

No. 531.

274 U.S. 341 (1927)

PHELPS v. UNITED STATES.

Supreme Court of United States.

Decided May 16, 1927.

Attorney(s) appearing for the Case

Mr. Harold S. Deming, with whom Mr. L. Russell Alden was on the brief, for petitioner.

Assistant Attorney General Galloway, with whom Solicitor General Mitchell was on the brief, for the United States, did not oppose the issuance of the writ, and submitted the case with some doubt as to the soundness of the result below.

Messrs. Ira Jewell Williams, John H. Stone, F.R. Foraker, Charles L. Guerin, and Ira Jewell Williams, Jr., filed a brief as amici curiae, by special leave of Court.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Plaintiffs were partners doing business as Phelps Brothers and Company; the petitioner is the survivor. They owned a lease on Pier No. 7 of the Bush Terminal in New York Harbor. December 31, 1917, pursuant to an Act of August 29, 1916, c. 418, 39 Stat. 619, 645, and an Act of August 10, 1917, § 10, c. 53, 40 Stat. 276, 279, the Secretary of War by direction of the President requisitioned that pier and other...

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