Legal Opinion

Fleming v. United States

United States Court of Claims

Decided November 12, 1965No. 403-61PublishedCited by 10 opinions

1Opinion of the CourtDurfee, Judge

Plaintiffs, citizens and permanent residents of Saipan, Mariana Islands, allege in this action that the United States Government has taken their property, i. e., trochus1 shells, without just compensation in violation of the Fifth Amendment of the Constitution. Plaintiffs, therefore, claim compensation for the alleged taking.2

The Island of Saipan is a part of the Trust Territory of the Pacific Islands, and on the dates pertinent herein was governed and administered by the United States Navy, under Executive Order No. 104083 on behalf of the United States, under a United Nations Trusteeship…

2Cases cited4 opinions

  1. Geer v. ConnecticutSupreme Court of the United States · 1896
  2. Dore v. United StatesUnited States Court of Claims · 1951
  3. Aleut Community of St. Paul Island v. United StatesUnited States Court of Claims · 1954
  4. Arkansas Rice Growers Cooperative Ass'n v. United StatesUnited States Court of Claims · 1957

3Cited by10 opinions

  1. Porter v. United StatesUnited States Court of Claims · 1974
  2. Juda v. United StatesUnited States Court of Claims · 1984
  3. Nitol v. United StatesUnited States Court of Claims · 1985
  4. The Tlingit and Haida Indians of Alaska and Harry Douglas, Intervenors v. The United StatesUnited States Court of Claims · 1968
  5. Atamirzayeva v. United StatesCourt of Appeals for the Federal Circuit · 2008

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