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SUDAMETAL SOCIEDAD ANONIMA, ETC. v. UNITED STATES

No. 46104.

90 F.Supp. 551 (1950)

SUDAMETAL SOCIEDAD ANONIMA SUD AMERICANA DE METALES Y MINERALES v. UNITED STATES.

United States Court of Claims.

June 5, 1950.

Attorney(s) appearing for the Case

Jack L. Rappaport and Harry T. Zucker, New York City, for plaintiff.

Kendall M. Barnes, Washington, D. C., with whom was Assistant Attorney General H. G. Morison, for defendant.

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

WHITAKER, Judge.

In view of the Supreme Court's decision of March 27, 1950, in the case of United States v. Commodities Trading Corporation, 339 U.S. 121, 70 S.Ct. 547, the defendant's motion for a new trial in the instant case must be allowed. In the Commodities case, the Supreme Court held that in the absence of unusual circumstances the ceiling price determined the measure of just compensation for the requisitioning of property....

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