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TILLMAN v. UNITED STATES

No. 301-61.

320 F.2d 396 (1963)

Lena S. TILLMAN et al. v. The UNITED STATES.

United States Court of Claims.

As Amended July 22, 1963.

Rehearing Denied October 11, 1963.

Attorney(s) appearing for the Case

John J. Pyne, Washington, D. C., for plaintiff. Frost & Towers, Washington, D. C., and Borris M. Komar, New York City, were on the brief.

Edward L. Metzler, Washington, D. C., with whom was John W. Douglas, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge and WHITAKER, LARAMORE and DURFEE, Judges.

WHITAKER, Judge.

In her petition plaintiff has alleged that the United States, acting in accordance with an Act of Congress, which plaintiff alleges is unconstitutional, has taken her property in violation of the Fifth Amendment to the Constitution, for which she is seeking a judgment against the United States in the amount of $200,675.05, with interest. The case is before the court on defendant's motion to dismiss the petition, or, in the alternative, for summary...

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