Legal Opinion
Whitney Benefits, Inc., and Peter Kiewit Sons' Company v. The United States
Court of Appeals for the Federal Circuit
Decided January 9, 1985No. Appeal 84-919PublishedCited by 42 opinions
1Opinion of the Court
NICHOLS, Senior Circuit Judge.
This case presents cross-appeals from an unreported decision of the Claims Court dismissing without prejudice a complaint seeking just compensation under the fifth amendment and 28 U.S.C. § 1491. The view of that court, as stated from the bench, was that under the facts no taking could have occurred up to the date of hearing and it was then uncertain whether a taking ever would occur. We have jurisdiction under 28 U.S.C. § 1295(a)(3). We hold that within the allegations of the complaint, appellants might establish facts constituting a taking. It is not a legal…
2Cases cited14 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- Agins v. City of TiburonSupreme Court of the United States · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Hall v. City of Santa BarbaraCourt of Appeals for the Ninth Circuit · 1986
- Whitney Benefits, Inc. And Peter Kiewit Sons' Co. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
- Christine Holt Spinelli v. Michael GaughanCourt of Appeals for the Ninth Circuit · 1993
- Cienega Gardens v. United StatesCourt of Appeals for the Federal Circuit · 2007
- Cienega Gardens v. United StatesUnited States Court of Federal Claims · 1995
37 more not listed; retrieve them via the Exa API.