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AMERISOURCE CORP. v. U.S.

No. 2007-5121.

525 F.3d 1149 (2008)

AMERISOURCE CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 1, 2008.

Attorney(s) appearing for the Case

Ronald J. Mann, Mitts Milavec, LLC, of Philadelphia, PA, argued for plaintiff-appellant. With him on the brief was Maurice R. Mitts.

Robert E. Chandler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.

Before MAYER and SCHALL, Circuit Judges, and YOUNG, District Judge.

YOUNG, District Judge.

This case requires us to determine whether the Fifth Amendment's Takings Clause applies when the government seizes an innocent third party's property for use in a criminal prosecution but never introduces the property in evidence, and it is rendered worthless over the course of the proceedings. We affirm the Court of Federal Claims' grant of summary judgment for the government on the ground that no compensable taking has occurred.

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