Atwater & Co. v. United States,
275 U.S. 188 (1927)

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U.S. Supreme Court

Atwater & Co. v. United States, 275 U.S. 188 (1927)

Atwater & Co. v. United States

No. 17

Submitted October 12, 1927

Decided November 21, 1927

275 U.S. 188


1. Mere delays in crediting the owner with coal pooled in a coal exchange in obedience to an order made under the Lever Act for the

Page 275 U. S. 189

purpose of expediting shipments was not a taking for a public use of the owner's power to dispose of the coal, nor did it create an implied contract of the United States to indemnify the owner against losses due to the delays and decline of market prices. P. 275 U. S. 191.

2. The Court of Claims has no jurisdiction of a suit to recover compensation for property appropriated by the United States under § 10 of the Lever Act. P. 275 U. S. 191.

60 Ct.Cls. 323 affirmed.

Appeal from a judgment of the Court of Claims sustaining a demurrer and dismissing the petition in a suit by a shipper of coal claiming compensation for losses resulting from delays of the government in allowing credit for coal pooled in a coal exchange during the war, as required by an order made under the Lever Act.

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