Smith v. United States

CRAIG, District Judge.

The above entitled cause was instituted pursuant to Title 28, U.S.C., Section 1346 (a) (2), seeking to recover damages from the United States of America for the taking, use and occupancy of certain premises described in the complaint and owned by plaintiffs. The defendant has moved to dismiss the complaint upon the grounds that it fails to state a claim upon which relief can be granted.

It appears from the record in this case that prior to May, 1964, plaintiffs leased certain property in the City of Phoenix to Lichty Printing and Business Forms, Inc. for an agreed rental…