CENTRAL EUREKA MINING COMPANY (A Corporation)
v.
The UNITED STATES.
ALASKA-PACIFIC CONSOLIDATED MINING COMPANY
v.
The UNITED STATES.
IDAHO MARYLAND MINES CORPORATION
v.
The UNITED STATES.
HOMESTAKE MINING COMPANY
v.
The UNITED STATES.
(1) BALD MOUNTAIN MINING COMPANY, (7) Ermont Mines, Inc.
v.
The UNITED STATES.
United States Court of Claims.https://leagle.com/images/logo.png
July 12, 1956.
July 12, 1956.
Attorney(s) appearing for the Case
Phillip Barnett, San Francisco, for plaintiff Central Eureka Mining Co. Ralph D. Pittman, Washington, D. C., and Rodney H. Robertson, San Francisco, Cal., were on the brief.
John Ward Cutler, Washington, D. C., for plaintiffs, Bald Mountain Mining Co., and Ermont Mines, Inc.
O. R. McGuire, Jr., Washington, D. C., for plaintiff Alaska-Pacific Consolidated Mining Co. Hogan & Hartson, Washington, D. C., and V. A. Montgomery, Seattle, Wash., were on the brief.
George Herrington, San Francisco, Cal., for plaintiff Idaho Maryland Mines Corp. Orrick, Dahlquist, Herrington & Sutcliffe, San Francisco, Cal., were on the briefs.
Edward W. Bourne for plaintiff Homestake Mining Co. James D. Ewing, Eugene Z. Du Bose, Edward E. Rigney, J. Kenneth Campbell and James W. Misslbeck, New York City, were on the briefs.
Kendall M. Barnes, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.
Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.
United States Court of Claims.
LITTLETON, Judge.
In support of its motion for a rehearing in the above cases, the Government says that the court erred in holding that the issuance of War Production Board Limitation Order L-208 amounted to an exercise of the Government's wartime power of requisitioning or eminent domain because (1) in issuing L-208 the Government did not expressly intend or purport to exercise such requisitioning powers and (2) if L...
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