Legal Opinion
American Pelagic Fishing Company, L.P. v. United States
Court of Appeals for the Federal Circuit
Decided August 16, 2004No. 03-5101PublishedCited by 235 opinions
1Opinion of the Court
SCHALL, Circuit Judge.
The United States appeals the decision of the United States Court of Federal Claims that American Pelagic Fishing Co., L.P. (“American Pelagic”) suffered a taking in violation of the Fifth Amendment to the U.S. Constitution, for which the court awarded damages in the amount of $37,275,952.67. Am. Pelagic Fishing Co. v. United States, 49 Fed.Cl. 36 (2001) (liability) (“Am. Pelagic II”); 55 Fed.Cl. 575 (2003) (damages) (“Am. Pelagic II ”). We conclude, however, that American Pelagic did not suffer the taking of a property interest that is legally cognizable under the Fifth…
2Cases cited34 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
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3Cited by235 opinions
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