HIGASHI v. U.S.

No. 99-5152.

225 F.3d 1343 (2000)

Carol Judy HIGASHI, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 6, 2000.


Attorney(s) appearing for the Case

Scott N. Yamaguchi, Nossaman, Guthner, Knox & Elliott, LLP, of Los Angeles, California; and Julia H. Mass, Rothner, Segall & Greenstone, of Pasadena, California, argued for plaintiff-appellant.

Geoffrey J.L. Brown, Trial Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director.

Before NEWMAN, PLAGER, and RADER, Circuit Judges.


RADER, Circuit Judge.

Ms. Carol Judy Higashi sought a redress payment and an apology under 50 U.S.C. app. § 1989 (1994) (the Act) for her exclusion from her parents' original place of residence during World War II. The United States Court of Federal Claims denied the claim on summary judgment. See Higashi v. United States, 44 Fed.Cl. 238 (1999). Because at the time of her birth neither Ms. Higashi nor her family were under any legal restraint preventing...

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