United States v. Pewee Coal Co., Inc. (341 U.S. 114)
U.S. Supreme Court · decided April 30, 1951 · Supreme Court Database (Spaeth)
- Citation
- 341 U.S. 114 · 71 S. Ct. 670
- Docket
- No. 168
- Argued
- January 2, 1951
- Decided
- April 30, 1951
- Term
- October Term 1950
- Vote
- 5–4
- Majority author
- Justice Black
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Justice R. H. Jackson, Justice Douglas, Justice Frankfurter, Justice Black (wrote)
- Concurring in the judgment
- Justice Reed (wrote)
- Dissenting
- Chief Justice Vinson, Justice Minton, Justice Clark, Justice Burton (wrote)
Opinion excerpt
Mr. Justice Black delivered the judgment of the Court and an opinion in which Mr. Justice Frankfurter, Mr. Justice Douglas, and Mr. Justice Jackson joined. Respondent, Pewee Coal Co., Inc., is a coal mine operator whose property was allegedly possessed and operated by the United States from May 1 to October 12, 1943, to avert a nation-wide strike of miners. Pewee brought this action in the Court of Claims to recover under the Fifth Amendment for the total operating losses sustained during that period. After considering the evidence, the court held that there had been a “taking” entitling Pewee to compensation. It found the total operating loss to be $36,128.96, but rendered judgment for only $2,241.26, this amount being the portion of the operating loss which the court found attributable to Government operation of the mine. 115 Ct. Cl. 626, 88 F. Supp. 426. Pewee did not seek review here. We granted the Government’s petition for certiorari in which two questions are presented: (1) Was there such a taking of Pewee’s property as to justify compensation under the Fifth Amendment? (2) If there was, does the record support the award of $2,241.26? First. We agree with the Court of Claims that there was a “taking” requiring the Government to pay Pewee. The facts upon which this conclusion rests are set out in the findings and opinion below and need not be repeated in detail here.…
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