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L. B. SMITH, INC. v. UNITED STATES

Nos. 50439, 50440.

145 F.Supp. 216 (1956)

L. B. SMITH, Inc., a Corporation, v. The UNITED STATES. The WOLF COMPANY, a Corporation, v. The UNITED STATES.

United States Court of Claims.

October 2, 1956.

Attorney(s) appearing for the Case

Robert V. Smith, Washington, D. C., for plaintiffs. Robert P. Smith, Joseph W. Kiernan, and Smith, Ristig & Smith, Washington, D. C., were on the briefs.

John F. Wolf, Washington, D. C., with whom was George Cochran Doub, Asst. Atty. Gen., for defendant. Herbert M. Canter, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

The plaintiffs, L. B. Smith, Inc., and The Wolf Company, a wholly owned subsidiary of the Smith Corporation, are Pennsylvania corporations engaged, among other things, in the acquisition and resale of supplies and equipment from war contractors' termination inventories. They brought this suit under the Fifth Amendment to the Constitution alleging that property was taken from them by the United States without due process of law and without the payment...

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