Williams v. United States

77 F. Supp. 207, 111 Ct. Cl. 356, 1948 U.S. Ct. Cl. LEXIS 52
CourtUnited States Court of Claims
DecidedMay 3, 1948
DocketNo. 46665
StatusPublished
Cited by1 cases

This text of 77 F. Supp. 207 (Williams v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. United States, 77 F. Supp. 207, 111 Ct. Cl. 356, 1948 U.S. Ct. Cl. LEXIS 52 (cc 1948).

Opinion

Jones, Chief Justice,

delivered the opinion of the court:

This case involves the value of used cars and parts of cars requisitioned by the Government in 1942.

Plaintiffs, under the firm name of Ogeechee Auto Wrecking Company, operated near Savannah, Georgia, what is commonly called an automobile graveyard. The business consisted of buying used, wrecked, and burned automobiles and trucks, removing the salable parts and marketing them.

On August 7, 1942, plaintiffs had on hand 1,257 units that had been accumulated over a twelve-year period. Many of the parts had been removed and sold, and other parts had been placed in large sheds maintained on the premises. When all the salable parts had been removed the cars were sold from time to time as scrap.

In the early part of 1942 there was a serious shortage of iron and steel. To meet the needs for military and naval equipment the War Production Board instituted programs for collecting scrap material and asked all auto wreckers to cooperate.

In June 1942 a special drive for scrap rubber was announced and in compliance with this program most of the tires were removed from the crippled cars.

On August 7, 1942, the Metals Reserve Company, acting for the War Production Board, requisitioned and took possession of the 1,257 automobile units located on plaintiffs’ premises. The order described the property as follows:

All scrap metals, including cars partially dismantled or held for scrapping or dismantling, and parts thereof, located in Ogeechee Auto Wrecking Company, R. F. D. No. 4, Ogeechee Road, Savannah, Georgia.

[367]*367Plaintiffs protested the classification and plaintiffs’ counsel made a trip to Washington in an effort to convince the Inventory and Requisition Branch of the War Production Board that the automobiles were not junk but contained valuable usable parts. Counsel testified that a representative of the Board told, him flatly that the Board had levied on these automobiles and trucks as junk, and that they would be considered as junk and that plaintiffs would be paid only junk prices for them.

Ultimately, however, the requisition did not include parts which had been removed from the cars prior to the date of the requisition. Some of these parts were in storage bins, others lying loose in the cars or on the ground.

On February 17,1943, the War Production Board advised plaintiffs of the total weight of the requisitioned materials as follows:

Pounds
Body and fender scrap_ 653,195
Miscellaneous scrap-!_ 758, 570
Motor blocks-1_ 236,990
Radiators__ 5,240
Aluminum_ 1,235

On March 4, 1943, plaintiffs filed a proof of claim with the War Production Board in the amount of $70,590, which was set out as fair and just compensation. On August 13, 1943, the War Production Board made a preliminary determination of compensation for such requisitioned property, computing the value at $6,791.07, as follows:

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Related

Singer v. United States
115 F. Supp. 166 (Court of Claims, 1953)

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Bluebook (online)
77 F. Supp. 207, 111 Ct. Cl. 356, 1948 U.S. Ct. Cl. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-united-states-cc-1948.