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SAND PRODUCTS CORPORATION v. UNITED STATES

No. 48756.

128 F.Supp. 742 (1955)

SAND PRODUCTS CORPORATION v. The UNITED STATES.

United States Court of Claims.

February 8, 1955.

Attorney(s) appearing for the Case

Henry J. Friendly, New York City, Foster & Meadows, Detroit, Mich., Robert C. Barnard, Washington, D. C., and Cleary, Gottlieb, Friendly & Ball, New York City, on the briefs, for plaintiff.

Kendall M. Barnes, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

The issue presented in this case is just compensation for the taking of plaintiff's vessel, the Octorara, on July 28, 1942.

Almost the entire testimony in the case is on the cost of reproduction of the vessel at the time of the taking, which involves the proper rate of depreciation to be applied. We are of opinion that the cost of reproduction of this vessel is not the measure of just compensation; nor is it a factor to be taken into...

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