Legal Opinion · Dissent

Pvm Redwood Company, Inc. v. United States

Court of Appeals for the Ninth Circuit

Decided September 13, 1982No. 80-4096Published

1DissentAlarcon, Circuit Judge

I respectfully dissent. I would reverse the order dismissing the complaint and direct the district court to permit PVM to attempt to amend the pleading to state its claim in a clear and concise manner. I believe that PVM has set forth facts which establish that its property has been taken by the government.

I am in complete agreement with my colleagues’ fine analysis and rejection of PVM’s statutory claim for relief. I do not agree with the majority’s interpretation of PVM’s constitutional claim.

*1330I.

THE STATUTORY CLAIM

PVM argues that since the Expansion • Act provides for employees, whose…

2Cases cited35 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  4. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

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