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CAPITAL AIRLINES v. UNITED STATES

No. 49241.

90 F.Supp. 926 (1950)

CAPITAL AIRLINES, Inc. v. UNITED STATES.

United States Court of Claims.

June 5, 1950.

Attorney(s) appearing for the Case

Charles H. Murchison, Jacksonville, Fla., for the plaintiff. Stockton, Ulmer & Murchison, Jacksonville, Fla., were on the brief.

S. R. Gamer, Washington, D. C., with whom was Mr. Assistant Attorney General H. G. Morison, for the defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

The plaintiff brought this suit to recover just compensation alleged to be due it under the Fifth Amendment to the Constitution on the ground that under the terms of the Civil Aeronautics Act of 1938, as amended, 52 Stat. 973, 998, 54 Stat. 1235, 49 U.S.C.A. § 401 et seq., the services and the property of plaintiff were requisitioned by the Government for public use, that plaintiff is entitled under the Fifth Amendment to just compensation for...

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