Legal Opinion

A-1 Cigarette Vending Inc. v. United States

United States Court of Federal Claims

Decided March 25, 1998No. 97-848CPublished

1Opinion of the Court

*644ORDER

YOCK, Judge.

On December 15, 1997, 28 plaintiffs joined in filing this multi-party takings action pursuant to the permissive joinder provision of Rule 20 of the Rules of the United States Court of Federal Claims (“RCFC”). The business of each plaintiff company consists, at least in part, of owning and operating cigarette vending machines. The Complaint alleged that rules promulgated by the Food and Drug Administration, aimed at restricting access to cigarettes by minors, effected a taking of the plaintiffs’ property by denying them all economically viable uses of their cigarette vending…

2Cases cited11 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Nathaniel MOSLEY Et Al., Appellants, v. GENERAL MOTORS CORPORATION Et Al., AppelleesCourt of Appeals for the Eighth Circuit · 1974
  3. Desert Empire Bank, Etc. v. Insurance Co. Of North America, Etc.Court of Appeals for the Ninth Circuit · 1980
  4. Yuba Goldfields, Inc. And Placer Service Corp. v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  5. Safeco Insurance Company of America v. City of White House, Tennessee, a Municipal CorporationCourt of Appeals for the Sixth Circuit · 1994

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