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TURNEY v. UNITED STATES

No. 48724.

115 F.Supp. 457 (1953)

TURNEY v. UNITED STATES.

United States Court of Claims.

September 30, 1953.

Attorney(s) appearing for the Case

Thurman Arnold, Washington, D. C., for plaintiff. Reed Miller, Arnold, Fortas & Porter and Davidson & Nikoloric, Washington, D. C., were on the briefs.

Monroe Oppenheimer, Washington, D. C., for intervenors. Isadore G. Alk, Washington, D. C., was on the briefs.

Thomas O. Fleming, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

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...

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