UNITED STATES
v.
WHEELOCK BROS., INC.
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The Court of Claims lacked jurisdiction to enter judgment after the claimant filed with the Motor Carrier Claims Commission.
A motor carrier sued the United States for a temporary taking of its property. While the case was pending, Congress created the Motor Carrier Claims C…
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Per Curiam.
Wheelock Bros., Inc., a private motor carrier, sued in the Court of Claims to recover just compensation for an alleged temporary taking of its properties and business by the United States pursuant to Executive Order No. 9462. 9 Fed. Reg. 10071 (1944). The Court of Claims entered judgment awarding Wheelock Bros., Inc., just compensation in an amount less than that claimed. 115 Ct. Cl. 733, 88 F. Supp. 278 (1950). We granted certio-rari on the petitions of both parties. 340 U. S. 808 (1950).
While the action was pending in the Court of Claims, Congress passed the Motor Carrier Claims Commission Act,* providing that that Commission “shall hear and determine, according to law, existing claims against the United States arising out of the taking by the United States of possession or control of any of the motor-carrier transportation systems described in Executive Order Numbered 9462 . . . .” Section 2. Within the time provided in the Act and before entry of judgment in the Court of Claims, Wheelock Bros., Inc., filed its claim with the Commission.
At the threshold, we are met with the question whether the Court of Claims had jurisdiction to enter judgment in this case. Congress, in § 6 of the Motor Carrier Claims Commission Act, expressly provided:
“The jurisdiction of the Commission over claims presented to it as provided in section 2 of this Act shall be exclusive; but nothing in this Act shall prevent any person who does not elect to present his claim to the Commission from pursuing any other remedy available to him.”
Wheelock Bros., Inc., by filing its claim with the Commission, did elect to present it to that tribunal. The Commission’s jurisdiction over the claim being “exclusive,” the Court of Claims was without jurisdiction to enter judgment in this case. For this reason, the judgment below is vacated and the case is remanded to the Court of Claims with instructions to dismiss the claim in that court.
It is so ordered.
*
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Midwest Motor Express, Inc. v. Commissioner OF Internal Revenue, 251 F.2d 405 (8th Cir. 1958)…ion within., the meaning of the Fifth Amendment, measured the liability of the government for the temporary taking of property by its rental value, and allowed plaintiff judgment. The Supreme Court, in United States v. Wheelock Brothers, Inc., 1951, 341 U.S. 319, 71 S.Ct. 730, 95 L.Ed. 966, vacated the judgment and ordered the case dismissed because Wheelock Brothers had filed a claim with the Commission and the Court of Claims, therefore, had no jurisdiction. Whatever force that case had was wiped out by t…
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Gillette Motor Transp., Inc. v. Commissioner OF Internal Revenue, 265 F.2d 648 (5th Cir. 1959)…tiate Fifth Amendment just compensation. The efforts were unavailing. One operator sought and obtained a Court of Claims judgment. Wheelock Bros., Inc. v. United States, 1950, 88 F.Supp. 278, 115 Ct.Cl. 733; vacated for jurisdictional reasons, 1951, 341 U.S. 319, 71 S.Ct. 730, 95 L.Ed. 966. Because the Government took the position that each of the more than 100 cases would have to be separately litigated through the Court of Claims, the trucking interests sought the intervention of Congress. Congress passe…1 / 2
Authorities Cited
- United States v. Pewee Coal Co., Inc., 340 U.S. 808 (U.S. 1950)
- United States v. Penner Installation Corp., 340 U.S. 808 (U.S. 1950)