Legal Opinion

Shanghai Power Co. v. United States

United States Court of Claims

Decided December 30, 1983No. 674-81CPublishedCited by 58 opinions

1Opinion of the Court

OPINION

KOZINSKI, Chief Judge.

The President settled plaintiff’s claim against the People’s Republic of China (PRC) without plaintiff’s consent. The question presented is whether plaintiff can state a claim under the just compensation clause of the fifth amendment for the difference between what it received under the terms of the settlement and what it believes the claim was worth.

Facts

Starting in 1929, plaintiff Shanghai Power Company, a Delaware corporation, owned and operated a power plant in Shanghai, China. A franchise agreement between plaintiff and the Shanghai Municipal Council allowed…

2Cases cited45 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  4. Agins v. City of TiburonSupreme Court of the United States · 1980
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

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3Cited by58 opinions

  1. Fred E. Langenegger, Steven W. Langenegger v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  2. Herman Chang, Patrick Conners, William Guthrie, Warren Parkhurst, John Register and John Woodward v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  3. Maniere v. United StatesUnited States Court of Federal Claims · 1994
  4. In Re Axona International Credit & Commerce Ltd.United States Bankruptcy Court, S.D. New York · 1988
  5. Burger-Fischer v. DeGussa AgDistrict Court, D. New Jersey · 1999

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