Legal Opinion

Turney v. United States

United States Court of Claims

Decided September 30, 1953No. 48724PublishedCited by 64 opinions

1Opinion of the Court

MADDEN, Judge.

The plaintiff sues for just compensation under the Fifth Amendment or, in the alternative, for damages for breach of contract. The claim arises out of the alleged taking by the Government of a large quantity of radar equipment.

Leyte Air Depot was established at Tacloban on the island of Leyte in the Philippines to support the American forces after they had landed on that island in October 1944, in the course of retaking the Philippines from the Japanese. The depot was stocked with military equipment, a portion of which was “roll-up” equipment, that is, equipment which had been…

2Cases cited4 opinions

  1. In Re RossSupreme Court of the United States · 1891
  2. Russian Volunteer Fleet v. United StatesSupreme Court of the United States · 1931
  3. United States v. JonesCourt of Appeals for the Ninth Circuit · 1949
  4. Wiggins v. United StatesUnited States Court of Claims · 1867

3Cited by64 opinions

  1. Reid v. CovertSupreme Court of the United States · 1957
  2. A & D Auto Sales, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2014
  3. Ontario Power Generation, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2004
  4. Air Pegasus of d.c., Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2005
  5. Porter v. United StatesUnited States Court of Claims · 1974

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