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SOUTH PUERTO RICO SUGAR CO. TRAD. CORP. v. UNITED STATES

No. 378-61.

334 F.2d 622 (1964)

SOUTH PUERTO RICO SUGAR COMPANY TRADING CORPORATION v. The UNITED STATES.

United States Court of Claims.

July 17, 1964.

Attorney(s) appearing for the Case

Philip C. Scott, New York City, for plaintiff; Dewey, Ballantine, Bushby, Palmer & Wood, New York City, and Surrey, Karasik, Gould & Efron, Washington, D. C., of counsel.

Carl Eardley, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. John G. Roberts, Washington, D. C., Raymond R. Robrecht, Jr., Atlanta, Ga., and David C. Katz, Pittsfield, Mass., were on the brief.

Before JONES, Senior Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

DAVIS, Judge.

In 1960 and 1961, plaintiff, a New York corporation, was required by the Government to pay some $6,900,000 as a precondition to the importation into this country of sugar from the Dominican Republic. These "entry fees" were imposed by an executive regulation issued under the Act of July 6, 1960 (Public Law 86-592), 74 Stat. 330. Claiming that the Executive Branch had no authority to impose such "fees," plaintiff sues to recover its payments.

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