No. 132.

337 U.S. 325 (1949)


Supreme Court of United States.

Decided June 13, 1949.

Attorney(s) appearing for the Case

Oscar H. Davis argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Morison, Paul A. Sweeney and Paul D. Page, Jr.

John Lord O'Brian argued the cause for respondent. With him on the brief were Frank C. Mason, Harold A. Kertz, John G. Laylin, Charles A. Horsky and Donald Hiss.

Charles B. McInnis filed a brief for the R.T.C. No. 11 Corporation et al., as amici curiae, in support of respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a suit in the Court of Claims under § 902 of the Merchant Marine Act of 1936, 49 Stat. 2015, as amended, 53 Stat. 1255, 46 U.S.C. § 1242, to recover the balance of "just compensation" alleged to be due respondent from the United States for requisitioning his steam tug, the MacArthur, in October, 1942. The tug was a Coast Guard boat built in 1895 and used by it in harbor duties at Baltimore...

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