Arnold A. Smith and Rachael Smith, His Wife, and Herbert Smith and Evelyn Smith, His Wife v. United States

Proceeding under the Tucker Act, 28 U.S.C. § 1346(a) (2), Arnold A. Smith and Herbert Smith, and their wives, brought this action against the United States to recover $7,470 for the taking, use and occupancy of plaintiffs’ warehouse and office buildings in Phoenix, Arizona.

We summarize the pertinent allegations of the amended complaint: Until May 8, 1964, and prior thereto, plaintiffs had leased the premises to Lichty Printing and Business Forms, Inc., for a rental of $1,350 a month or $45 a day. By that date the lessee had been in default for a number of months in the monthly payments called…