Legal Opinion

Fleming v. United States

United States Court of Claims

Decided November 12, 1965No. 403-61Published

1Opinion of the Court

DURFEE, Judge.

Plaintiffs, citizens and permanent residents of Saipan, Mariana Islands, allege in this action that the United States Government has taken their property, i. e., trochus1 shells, without just compensation in violation of the Fifth Amendment of the Constitution. Plaintiffs, therefore, claim compensation for the alleged taking.2

The Island of Saipan is a part of the Trust Territory of the Pacific Islands, and on the dates pertinent herein was governed and administered by the United States Navy, under Executive Order No. 10408 3 on behalf of the United States, under a United Nations…

2Cases cited4 opinions

  1. Geer v. ConnecticutSupreme Court of the United States · 1896
  2. Dore v. United StatesUnited States Court of Claims · 1951
  3. Aleut Community of St. Paul Island v. United StatesUnited States Court of Claims · 1954
  4. Arkansas Rice Growers Cooperative Ass'n v. United StatesUnited States Court of Claims · 1957

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