William Atwater Company v. United States (275 U.S. 188)

by Pierce Butler

United States Supreme Court

275 U.S. 188

William Atwater Company  v.  United States

 Argued: Oct. 12, 1927. --- Decided: Nov 21, 1927

Shipper, consigning coal to Tidewater Coal Exchange pursuant to requirement of Fuel Administrator appointed under Lever Act 1917 (Comp. St. § 3115 1/8 e et seq.), and failing to get proper credits until after it had sustained a substantial loss, held not entitled under Const. Amend. 5, to recover from the government in action in Court of Claims, on the theory that coal so consigned had been consumed or appropriated by the government, there being nothing to indicate a taking for public use, and particularly in view of Lever Act, § 10 (Comp. St. § 3115 1/8 ii), giving District Court exclusive jurisdiction in cases of a public taking.

Mr. Walter Carroll Low, of New York City, for appellant.

Messrs. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., and Gardner P. Lloyd, of New York City, for the United States.

Mr. Justice BUTLER delivered the opinion of the Court.

Notes