Franco-Italian Packing Co. v. United States

LARAMORE, Judge.

The plaintiff is seeking compensation for an alleged temporary taking by the defendant of certain of plaintiff’s property shortly after the December 7, 1941, attack on Pearl Harbor. The theory of plaintiff’s claim is that various incidents of interference in plaintiff’s use of its property amounted to a compensable taking under the fifth amendment to the Constitution. It is defendant’s position that. any acts of interference to plaintiff’s property rights which occurred were only the consequential result of valid sovereign acts of control and regulation and, therefore, not…