US SUPREME COURT DECISIONS

Respondent is a coal mine operator whose property was seized and operated by the United States during a temporary period in 1943 to avert a nationwide strike of miners. Respondent sued in the Court of Claims to recover under the Fifth Amendment for the total operating losses sustained during that period. The Court of Claims awarded respondent judgment for only that portion of the operating loss (viz., increased wage payments made in accordance with a War Labor Board order) which the court found was attributable to government operation of the mine. Respondent did not seek review here; certiorari was granted on the petition of the Government.

Held:

1. Under the circumstances, there was a "taking" of respondent's property, which entitled respondent to recover compensation under the Fifth Amendment. Pp. 341 U. S. 115-117.

2. The judgment of the Court of Claims awarding compensation for that portion of the operating loss which it found attributable to government operation is affirmed. Pp. 341 U. S. 117-119.

115 Ct.Cl. 626, 88 F.Supp. 426, affirmed.

In a suit by respondent to recover compensation for an alleged taking of its property, the Court of Claims awarded judgment for respondent, but in less than the amount claimed. 115 Ct.Cl. 626, 88 F.Supp. 426. On the petition of the Government, this Court granted certiorari. 340 U.S. 808. Affirmed, p. 341 U. S. 119. chanrobles.com-red

Page 341 U. S. 115