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HAIR v. U.S.

No. 02-5115.

350 F.3d 1253 (2003)

Gilbert M. HAIR and Ethel Blaine Millett (on behalf of themselves and all others similarly situated), Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 26, 2003.

Attorney(s) appearing for the Case

Anthony D'Amato, D'Amato, Keegan & Duggan, of Chicago, Illinois, argued for plaintiffs-appellants.

Douglas Hallward-Driemeier, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief was Mark B. Stern, Attorney.

Before LINN, Circuit Judge, PLAGER, Senior Circuit Judge, and PROST, Circuit Judge.

PLAGER, Senior Circuit Judge.

This is a takings case, in which the triggering event — the 1951 Treaty of Peace between the United States and Japan (known as the San Francisco Treaty) that formally ended World War II in the Pacific Theater — occurred more than fifty years ago. Plaintiffs purport to represent a class of 400,000 to 600,000 United States citizens injured or killed as a result of Japan's war against the United States; plaintiffs' prayer for...

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