Legal Opinion

Osprey Pacific Corp. v. United States

United States Court of Federal Claims

Decided June 10, 1998No. 93-710PublishedCited by 12 opinions

1Opinion of the Court

OPINION

SMITH, Chief Judge.

This ease involves a claim for damages resulting from the seizure of a Navy patrol boat (PTF-26) that had been declared surplus and donated to an Oregon public agency under the Federal Property Administrative Services Act of 1949, 40 U.S.C. § 484 (FPA-SA).

This is an unusual case. Its fact pattern does not fit the regular takings mold. At issue here is not a forfeiture, but a physical seizure, based upon an unfounded belief that the federal government had a valid claim to a boat that had been surplused. Unlike either an in rem or an in personam forfeiture where the…

2Cases cited14 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. United States v. CausbySupreme Court of the United States · 1946
  3. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  4. Yearsley v. W. A. Ross Construction Co.Supreme Court of the United States · 1940
  5. Florida Rock Industries, Inc., Appellee/cross-Appellant v. The United States, Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1986

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Integrated Logistics Support Systems International, Inc. v. United StatesUnited States Court of Federal Claims · 1998
  2. Gargoyles, Inc. v. United StatesUnited States Court of Federal Claims · 1999
  3. Innovair Aviation, Ltd. v. United StatesUnited States Court of Federal Claims · 2008
  4. Swisher v. United StatesDistrict Court, D. Kansas · 1999
  5. Arctic King Fisheries, Inc. v. United StatesUnited States Court of Federal Claims · 2004

7 more not listed; retrieve them via the Exa API.

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