PEWEE COAL COMPANY v. United States

The Trial Commissioner, Mastín G. White, to whom these cases were referred, has submitted an opinion in support of his recommendation for the conclusion of law to be entered in these cases, which, in the main, we adopt as the opinion of the court. His opinion, as amended by us, follows:

These cases arose under the clause in the Fifth Amendment to the Constitution of the United States which provides as follows:

“ * * * nor shall private property be taken for public use, without just compensation.”

A joint trial was conducted with the consent of the parties.

The plaintiff has been engaged in the…