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U.S. v. NEW RIVER COLLIERIES

No. 316.

262 U.S. 341 (1923)

43 S.Ct. 565

67 L.Ed. 1014

UNITED STATES v. NEW RIVER COLLIERIES COMPANY.

Supreme Court of United States.

Decided May 21, 1923.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Riter, with whom Mr. Solicitor General Beck, Mr. L.L. Hight, Special Assistant to the Attorney General, and Mr. R.S. Collins were on the brief, for the United States.

Mr. Ira Jewell Williams, with whom Mr. Charles L. Guerin, Mr. Yale L. Schekter, Mr. F.R. Foraker and Mr. Francis Shunk Brown were on the briefs, for defendant in error.

MR. JUSTICE BUTLER delivered the opinion of the Court.

On various dates between September 17, 1919, and February 1, 1921, at Hampton Roads, Virginia, the United States requisitioned from defendant in error upwards of 60,000 tons of bituminous coal for use of the Navy. The taking was under § 10 of the Lever Act. 40 Stat. 276. The President, acting through the Navy Department, fixed certain prices as just compensation. These were not satisfactory to the owner....

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