Legal Opinion
The Cuban Truck and Equipment Company v. The United States
United States Court of Claims
Decided October 16, 1964No. 245-57PublishedCited by 3 opinions
1Opinion of the Court
DAVIS, Judge. 1
This is a suit by an inactive Cuban corporation 2 to recover for an alleged taking of its property in Germany by the Department of the Army. Recovery is premised, basically, on two theories: (i) just compensation under the Fifth Amendment 3 and (ii) compensation under Article 331 of the Rules of Land Warfare. 4
Following World War II the United States Army assembled at 14 storage areas in western Germany and France a large quantity of used military vehicles, which in 1948 were transferred to the German Government for a fraction of their acquisition cost. In turn, the German…
2Cases cited15 opinions
- Soriano v. United StatesSupreme Court of the United States · 1957
- United States v. DickinsonSupreme Court of the United States · 1947
- Omnia Commercial Co. v. United StatesSupreme Court of the United States · 1923
- United States v. North American Transportation & Trading Co.Supreme Court of the United States · 1920
- Turney v. United StatesUnited States Court of Claims · 1953
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3Cited by3 opinions
- Tulare Lake Basin Water Storage District v. United StatesUnited States Court of Federal Claims · 2001
- Camacho v. United StatesUnited States Court of Claims · 1974
- Dynamics Corp. of America v. United StatesUnited States Court of Claims · 1986