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MELO-TONE VENDING, INC. v. UNITED STATES

No. 81-1280.

666 F.2d 687 (1981)

MELO-TONE VENDING, INC., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 4, 1981.

Attorney(s) appearing for the Case

Ira H. Zaleznik, Boston, Mass., with whom Lappin, Rosen, Goldberg, Slavet, Levenson & Wekstein, Boston, Mass., was on brief, for plaintiff, appellant.

Charles K. Mone, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for defendant, appellee.

Before BOWNES and BREYER, Circuit Judges, MURRAY, Senior District Judge.

FRANK J. MURRAY, Senior District Judge.

Plaintiff appeals from the district court's dismissal of its complaint. The action was brought to recover $5854.88 (and interest thereon) for the value of property allegedly taken from plaintiff by the United States without payment of just compensation. Jurisdiction of the district court is asserted under 28 U.S.C. § 1346(a)(2) (United States as defendant).1

The complaint, in substance...

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