Parlane Sportswear Co. v. United States

OPINION

SPECTOR, Judge:

The original petition herein alleged a taking without just compensation in violation of the Fifth Amendment of the United States Constitution. More than 2 years later an amended petition was filed alleging breach of an implied-in-fact contract. Plaintiffs have previously pursued two unsuccessful efforts to secure relief in the U.S. District Court on the same facts but different theories. The case is now before this court on cross-motions for summary judgment.

Statement of Facts

From 1959 to 1973 plaintiffs (a corporation and its president) operated a women’s clothing…