AKTIESELSKABET DAMPSKIBSSELSKABET S. v. UNITED STATES

No. 50446.

130 F.Supp. 363 (1955)

AKTIESELSKABET DAMPSKIBSSELSKABET SVENDBORG and Dampskibsselskabet Af 1912 Artieselskab, et al., v. The UNITED STATES.

United States Court of Claims.

April 5, 1955.


Attorney(s) appearing for the Case

Stanley W. Schaefer, New York City, for plaintiffs.

Daniel M. Gribbon, Washington, D. C., as amicus curiae, and John G. Laylin, Nestor S. Foley, Wallace G. Dempsey, John H. Schafer, III, and Covington & Burling, Washington, D. C., were on the brief.

John B. Miller, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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


WHITAKER, Judge.

This case is before the court on defendant's motion for summary judgment on plaintiffs' first cause of action, in which plaintiffs sue for just compensation for the taking of 12 of its vessels.

Defendant says that plaintiffs' claim for just compensation was settled and agreed upon by a contract entered into between the parties on May 10, 1946. The question presented is whether or not this contract supplants the claim for just compensation...

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