A private motor carrier sued in the Court of Claims to recover
just compensation for an alleged temporary taking of its property
and business by the United States under Executive Order No. 9462.
While the case was pending, the Motor Carrier Claims Commission Act
was enacted, and the motor carrier timely filed its claim with the
Commission before the Court of Claims entered judgment.
Held: this deprived the Court of Claims of jurisdiction
to enter judgment in the case. Pp.
341 U. S.
319-320.
115 Ct.Cl. 733, 88 F. Supp. 278, vacated and remanded.
PER CURIAM.
Wheelock Bros., Inc., a private motor carrier, sued in the Court
of Claims to recover just compensation for an alleged temporary
taking of its properties and business by the United States pursuant
to Executive Order No. 9462. 9 Fed.Reg. 10071, Aug. 11, 1944. The
Court of Claims entered judgment awarding Wheelock Bros., Inc.,
just compensation in an amount less than that claimed. 115
Page 341 U. S. 320
Ct.Cl. 733, 88 F. Supp. 278 (1950). We granted certiorari on the
petitions of both parties. 340 U.S. 808(1950).
While the action was pending in the Court of Claims, Congress
passed the Motor Carrier Claims Commission Act,** providing that
that Commission
"shall hear and determine, according to law, existing claims
against the United States arising out of the taking by the United
States of possession or control of any of the motor carrier
transportation systems described in Executive Order Numbered 9462.
. . ."
Section 2. Within the time provided in the Act and before entry
of judgment in the Court of Claims, Wheelock Bros., Inc., filed its
claim with the Commission.
At the threshold, we are met with the question whether the Court
of Claims had jurisdiction to enter judgment in this case.
Congress, in ยง 6 of the Motor Carrier Claims Commission Act,
expressly provided:
"The jurisdiction of the Commission over claims presented to it
as provided in section 2 of this Act shall be exclusive, but
nothing in this Act shall prevent any person who does not elect to
present his claim to the Commission from pursuing any other remedy
available to him."
Wheelock Bros., Inc., by filing its claim with the Commission,
did elect to present it to that tribunal. The Commission's
jurisdiction over the claim being "exclusive," the Court of Claims
was without jurisdiction to enter judgment in this case. For this
reason, the judgment below is vacated, and the case is remanded to
the Court of Claims with instructions to dismiss the claim in that
court.
It is so ordered.
Judgment vacated, case remanded with instructions.
* Together with No. 177,
Wheelock Bros., Inc. v. United
States, also on certiorari to the same court.
** 62 Stat. 1222 (1948), as amended, 62 Stat. 1289, 1290 (1948),
63 Stat. 80 (1949).