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CUBAN TRUCK AND EQUIPMENT COMPANY v. UNITED STATES

No. 245-57.

333 F.2d 873 (1964)

The CUBAN TRUCK AND EQUIPMENT COMPANY v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied October 16, 1964.

Attorney(s) appearing for the Case

Charles Bragman, Washington, D. C., for plaintiff. Hayes Wood, Sr., Miami, Fla., of counsel.

Alfred H. O. Boudreau, Jr., Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

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

DAVIS, Judge.1

This is a suit by an inactive Cuban corporation2 to recover for an alleged taking of its property in Germany by the Department of the Army. Recovery is premised, basically, on two theories: (i) just compensation under the Fifth Amendment3 and (ii) compensation under Article 331 of the Rules of Land Warfare.4

Following World War...

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