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· 2/8/1955

Franco-Italian Packing Co. v. United States

Citations

  • 128 F. Supp. 408
  • 130 Ct. Cl. 736
  • 1955 U.S. Ct. Cl. LEXIS 66

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff did not have a takings claim because the government’s seizure of plaintiffs fishing boats were not appropriated for public use
  • finding no liability for seizure of fishing vessels following attack on Pearl Harbor
  • government’s taking of an owner’s properly for public use may require compensation, but government’s infringement of owner’s property to protect public welfare is permissible exercise of police power
  • “[Cjonsequential losses resulting from the exercise of a sovereign military power are not compensable.”
  • seizure of boats “arising from the exercise of judgment by an officer charged by the United States with the direct duty of defending the western approaches to the Panama Canal from enemy attack” was not a taking
  • noncompensability of property seized “as an incidental element of defense against hostile attack”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Littleton, Whitaker, Madden, Laramore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.