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UNITED STATES v. TORONTO NAV. CO.

No. 39.

338 U.S. 396 (1949)

UNITED STATES v. TORONTO, HAMILTON & BUFFALO NAVIGATION CO.

Supreme Court of United States.

Decided December 12, 1949.

Attorney(s) appearing for the Case

Paul A. Sweeney argued the cause for the United States. With him on the brief were Solicitor General Perlman and Assistant Attorney General Morison.

Gerald E. Dwyer argued the cause for respondent. With him on the brief were Frederick L. Wheeler and C. Austin White.

MR. JUSTICE CLARK delivered the opinion of the Court.

We are faced again with elusive questions of property valuation in determining whether the United States awarded "just compensation" under the Fifth Amendment when it took the respondent's car ferry, the Maitland No. 1, under the authority of § 902 of the Merchant Marine Act of 1936, as amended, 53 Stat. 1254, 1255, 46 U. S. C. § 1242. The Government requisitioned the vessel in 1942, and determined...

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