US SUPREME COURT DECISIONS

Petitioner sued in the Court of Claims to recover compensation for property in the Philippine Islands allegedly requisitioned by the United States for military purposes during the Japanese invasion of the Islands more than six years previously. The Government moved to dismiss the claims on the ground that they were barred by the six-year limitation prescribed by § 156 of the Judicial Code, now 28 U.S.C. § 2501. Petitioner contended that, during the Japanese occupation of the Islands, it was deprived of access to information bearing on the existence of its claims; but its pleadings contained no such allegations. The Court of Claims considered this contention, but dismissed the claims.

Held:

1. Since the question whether deprivation of access to information bearing on the existence of petitioner's claims during the Japanese occupation of the Philippine Islands could or would affect the operation of the six-year statute of limitations is not properly presented on the record, this Court will not consider it. Pp. 339 U. S. 158-160.

2. Since the court below considered facts not stated in the pleadings and its opinion and judgment take cognizance of such facts, its judgment is vacated and the cause is remanded with discretion to permit further pleadings. Pp. 339 U. S. 160-161.

3. If permission to plead further is denied, or if it is granted and petitioner fails to plead further, the cause shall be dismissed. P. 339 U. S. 161.

112 Ct.Cl. 137, 80 F.Supp. 657, judgment vacated and cause remanded.

The Court of Claims dismissed petitioner's claim for compensation for property allegedly requisitioned by the United States. 112 Ct.Cl. 137, 80 F.Supp. 657. This Court granted certiorari. 336 U.S. 935. Judgment vacated and cause remanded, p. 339 U. S. 161. chanrobles.com-red

Page 339 U. S. 158