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UNITED STATES V. JOHN J. FELIN & CO., INC., 334 U. S. 624 (1948)

U.S. Supreme Court

United States v. John J. Felin & Co., Inc., 334 U.S. 624 (1948)

United States v. John J. Felin & Co., Inc.

No. 17

Argued May 7, 1947

Reargued November 18-19, 1947

Decided June 14, 1948

334 U.S. 624


When prices of pork products (but not live hogs) were fixed under the Emergency Price Control Act, the Government ordered from a packer a quantity of four particular pork products for war purposes. The packer refused delivery at ceiling prices, and the products were seized by the Government. Under a statutory procedure, an administrative agency awarded compensation at ceiling prices; this was refused, and the packer was paid half the amount due at ceiling prices on account. In a suit by the packer for "just compensation" under the Fifth Amendment, the Court of Claims found as a fact that the replacement cost of the seized products at the time and place of the taking was substantially in excess of the ceiling prices, and awarded judgment for the difference between the amount paid and what it found to be the replacement value of such products. The packer failed to prove that it had suffered any actual loss on the particular products seized. On appeal to this Court, held: judgment reversed with directions to enter judgment for the unpaid balance of the value of the products

Page 334 U. S. 625

at ceiling prices, with interest on the total value at ceiling prices from the date of the taking to the date of the final administrative award. Pp. 334 U. S. 625-642.

107 Ct.Cl. 155, 67 F.Supp. 1017, reversed.

The Court of Claims awarded a pork packer judgment for the difference between the amount paid (based on OPA ceiling prices) for certain pork products seized by the Government and their replacement value. 107 Ct.Cl. 155, 67 F.Supp. 1017. This Court granted certiorari. 330 U.S. 814. Reversed with directions, p. 334 U. S. 642.

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