ADLER METAL PRODUCTS CORPORATION v. United States, 46237.

• Decision Date: 05 May 1947
• Docket Number: No. 46237.,46237.
• Citation: 108 Ct. Cl. 102,71 F. Supp. 239
• Parties: ADLER METAL PRODUCTS CORPORATION v. UNITED STATES.
• Court: U.S. Claims Court

71 F. Supp. 239

108 Ct. Cl. 102

ADLER METAL PRODUCTS CORPORATION v. UNITED STATES.

No. 46237.

Court of Claims.

May 5, 1947.

Wm. Montgomery Smith, of Washington, D. C. (Norman J. Morrisson and Cooke & Beneman, all of Washington, D. C., on the briefs), for plaintiff.

Kendall M. Barnes, of New York City, and John F. Sonnett, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

JONES, Judge.

The issues in this requisition case are the same as in the claim of Kaiser v. United States, Ct.Cl., 69 F.Supp. 588, with a shading of difference in the facts.

It involves the same orders and priorities, the same copper and copper-base alloy materials, and requisition in the same month, June 1943, the difference being in the form of the materials.

Plaintiff is a manufacturer of metal cabinets and prior to the limiting orders had been using these materials in such manufacture.

On June 2, 1943, the War Production Board duly requisitioned and took possession of 20,136.375 pounds of copper and copper-base alloy materials belonging to plaintiff. Such materials included knurls, rivets, label holders, pulls and some sheet and strip materials suited to plaintiff's manufacturing purposes.

The program price awarded to plaintiff was $3,128.36, and since plaintiff refused to accept the award, it was paid one-half of that amount and sues for the balance of what it claims is the amount which should be allowed as just compensation for the taking by the Government.

The original price of these articles was $13,210.31. The plaintiff paid $11,966.98 in cash and furnished its own dies for the manufacture of some of the articles, the manufacturer allowing a credit of $1,243.33 for the use of the dies.

To replace the requisitioned stock in 1945 would have cost plaintiff $15,626.92. Plaintiff claims the value to it at the time of requisition was $20,212.16.

The program prices, on the basis of which the award was made, were substantially the mill prices for the primary form of the materials, less distributor's discount. They were above scrap prices.

The special pull combination and label holders were manufactured by plaintiff and about one-half of them were finished and ready for use. Except for the rivets and small quantities of molding bronze and sheet bronze, all the materials were of plaintiff's special design and were fabricated for plaintiff's filing cases. They were cut to exact sizes and were unsuited to use...