Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 13, 14, 1947.
Decided June 23, 1947.
Attorney(s) appearing for the Case
Attorney General Clark and J. Howard McGrath, then Solicitor General, were for the United States on the motion for leave to file the complaint, and on the complaint and other pleadings, including a motion for judgment on the pleadings.
Robert W. Kenny, then Attorney General of California, was for the defendant on its answer and other pleadings.
Attorney General Clark and Arnold Raum argued the cause for the United States. With them on the brief were Acting Solicitor General Washington, Assistant Attorney General Bazelon, Stanley M. Silverberg, J. Edward Williams, Robt. E. Mulroney, Robert M. Vaughan, Abraham J. Harris and Thomas L. McKevitt.
Fred N. Howser, Attorney General of California, and William W. Clary, Assistant Attorney General, argued the cause for the defendant. With them on the brief were C. Roy Smith, Assistant Attorney General, Homer Cummings, Max O'Rell Truitt, Louis W. Myers and Jackson W. Chance.
By special leave of Court, Price Daniel, Attorney General of Texas, argued the cause for the National Association of Attorneys General, as amicus curiae, urging dismissal of the complaint. With him on the brief were Walter R. Johnson, Attorney General of Nebraska; Clarence A. Barnes, Attorney General of Massachusetts, Nathan B. Bidwell and George P. Drury, Assistant Attorneys General; Hugh S. Jenkins, Attorney General of Ohio; Fred S. LeBlanc, Attorney General of Louisiana, and John L. Madden, Special Assistant Attorney General; Edward F. Arn, Attorney General of Kansas; A.B. Mitchell; Elton M. Hyder, Jr., Assistant Attorney General of Texas; Grover Sellers and Orrin G. Judd.
By special leave of Court, Leander I. Shelley argued the cause for the American Association of Port Authorities, as amicus curiae, urging dismissal of the complaint. With him on the brief were Eldon S. Lazarus and Reuben Satterthwaite.
James E. Watson and Orin deM. Walker filed a brief for Robert E. Lee Jordan, as amicus curiae, in support of the United States.
Briefs of amici curiae in support of the defendant were filed by Nathaniel L. Goldstein, Attorney General, and Wendell P. Brown, Solicitor General, for the State of New York; T. McKeen Chidsey, Attorney General, M. Vashti Burr, Deputy Attorney General, and Harry F. Stambaugh for the Commonwealth of Pennsylvania; Herman C. Wilson, Horace H. Edward, Walter J. Mattison, Ray L. Chesebro and Charles S. Rhyne for the National Institute of Municipal Law Officers; Ray L. Chesebro, W. Reginald Jones, Irving M. Smith and Hugh H. MacDonald, for the California Association of Port Authorities; Archibald N. Jordan for the Lawrence Wards Island Realty Co.; and A.L. Weil and Thomas A.J. Dockweiler.
Supreme Court of United States.
MR. JUSTICE BLACK delivered the opinion of the Court.
The United States by its Attorney General and Solicitor General brought this suit against the State of California invoking our original jurisdiction under Article III, § 2, of the Constitution which provides that "In all Cases . . . in which a State shall be Party, the supreme Court shall have original Jurisdiction." The complaint alleges that the United States "is the owner in fee simple of, or possessed...
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