Fogarty, Trustee in Bankruptcy, v. United States et al. (340 U.S. 8)
U.S. Supreme Court · decided November 6, 1950 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 8 · 71 S. Ct. 5
- Decided
- November 6, 1950
- Term
- October Term 1950
- Vote
- 9–0
- Majority author
- Justice Minton
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. Petitioner, as trustee in bankruptcy of Inland Waterways, Inc., brought suit against the United States in the District Court of Minnesota, Fifth Division, under the War Contract Hardship Claims Act, popularly known as the Lucas Act, adopted August 7, 1946, 60 Stat. 902, 41 U. S. C. § 106 note, to recover $328,804.42 as losses alleged to have been sustained under certain contracts with the Navy Department for the production of war supplies and materials. On motion, summary judgment was entered for the United States. 80 F. Supp. 90. The Court of Appeals for the Eighth Circuit affirmed. 176 F. 2d 599. The suit turns on the interpretation and meaning to be ascribed to parts of the federal statute. Because' we deemed resolution of the issues important, especially in view of asserted conflicts of decision in the interpretation of the statute among other federal courts, certiorari was granted. 339 U. S. 909. The facts are not in dispute. Inland Waterways, financed by a Government guaranteed'loan and advances under the contracts, entered into several contracts and supplemental agreements with the Navy Department, dated from September 18, 1941, to October 30, 1942, for the production of submarine chasers and plane rearming boats. Little progress had been made under the contracts when, on December 18, 1942, Inland Waterways filed a…
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