· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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