Carol Judy Higashi v. United States, U.S. Court of Appeals, Federal Circuit

RADER, Circuit Judge.

Ms. Carol Judy Higashi sought a redress payment and an apology under 50 U.S.C. app. § 1989 (1994) (the Act) for her exclusion from her parents’ original place of residence during World War II. The United States Court of Federal Claims denied the claim on summary judgment. See Higashi v. United States, 44 Fed.Cl. 238 (1999). Because at the time of her birth neither Ms. Higashi nor her family were under any legal restraint preventing their return to their original place of residence, this, court affirms.

I

Ms. Higashi was born in Boise, Idaho, on February 6, 1945. Three years…