851

No. 47579. JANUARY 5, 1948

Anglo American Trading Corporation.

Just compensation; imposition of an embargo by Government of New Zealand.

On defendant's plea to the jurisdiction and demurrer to plaintiff's petition, the petition was dismissed in an opinion per curiam, as follows:

Plaintiff says it had contracts for the purchase of meat in New Zealand, which it intended to sell in this country and which it could have sold at a stated profit, but that it was prevented from securing the meat by the imposition by the Government of New Zealand of an embargo on the shipment of meats to this country. It says the Government of New Zealand was induced by the United States and Great Britain to put on this embargo, and, hence, it concludes that the United States took its meat and so is required by the Fifth Amendment to pay it for it.

For more than one reason plaintiff is not entitled to recover. Even if the embargo had been imposed by this country, plaintiff would not be entitled to recover. See e. g., Horowitz v. United States, 267 U. S. 458; Gothwaite v. United States, 102 C. Cls. 400; Barbour & Sons v. United States, 104 C. Cls. 360; Hallman v. United States, 107 C. Cls. 555; Froemming Bros., Inc., of Texas v. United States, 108 C. Cls. 193. A fortiori, it could not be liable for an embargo imposed by a foreign gov

ernment.

It could not be liable even though its officers illegally conspired with others to induce the foreign government to do so.

Plaintiff's petition will be dismissed. It is so ordered.

CASES DISMISSED BY THE COURT OF CLAIMS ON MOTION OF PARTIES, OR OF THE COURT FOR NONPROSECUTION

45641. Louis M. Harvey and Elizabeth F. Quina, Administratrix.

860

860

ON JANUARY 5, 1948

46305. New Amsterdam Casualty Co.

Cases Pertaining to the Transportation of Property

ON JULY 7, 1947

46041. Atchison, Topeka and Santa Fe Railway Company. 46047. Atchison, Topeka and Santa Fe Railway Company. 46398. Atchison, Topeka and Santa Fe Railway Company. 46487. Atchison, Topeka and Santa Fe Railway Company.

ON OCTOBER 6, 1947

46296. Southern Pacific Company.

46690. Pacific Motor Trucking Company. 47015. Southern Pacific Company.

47233. Union Pacific Railroad Co.

47585. Canadian Pacific Railway Company.

ON NOVEMBER 3, 1947

46714. Spokane, Portland and Seattle Railway Co. 47351. Spokane, Portland and Seattle Railway Co.

ON DECEMBER 1, 1947

47536. Southern Pacific Company,

Cases Pertaining to Claims for Overtime Pay for Civilian Fire Fighters On the authority of the case of Conn, et al., v. The United States, 107 C. Cls. 422, certiorari denied 332 U. S. 757, the petitions in the following cases were, on motion, dismissed.

ON DECEMBER 1, 1947

ON JANUARY 5, 1948.