STANDARD-VACUUM OIL COMPANY v. United States

• Decision Date: 16 July 1958
• Docket Number: No. 48319.,48319.
• Citation: 163 F. Supp. 383
• Parties: STANDARD-VACUUM OIL COMPANY v. UNITED STATES.
• Court: U.S. Claims Court

163 F. Supp. 383

STANDARD-VACUUM OIL COMPANY v. UNITED STATES.

No. 48319.

United States Court of Claims.

July 16, 1958.

George S. Collins, New York City, for plaintiff. Warrack Wallace, New York City, was on the briefs.

Kendall M. Barnes, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

LARAMORE, Judge.

Plaintiff sues to recover just compensation for its petroleum products stored at Cebu, Philippine Islands, which it alleges the defendant seized on December 8, 1941, immediately following the attack on the Philippine Islands by Japan.

This case first came before the court on the proofs in 100 F.Supp. 970, 980, 120 Ct.Cl. 518, 553, wherein we held that "* * * the Depot Commander Cebu, with full authority to do so, took Standard's petroleum products for the United States on December 8, 1941, not for destruction, but for use, and Standard is clearly entitled to just compensation for its products so taken."

Standard-Vacuum was one of three plaintiffs which had claims for just compensation for terminal facilities alleged to have been taken in the Pandacan District of Manila, Philippine Islands, and for petroleum products on the Island of Cebu. The court allowed compensation for the terminal facilities destroyed in Pandacan and also for Standard-Vacuum's petroleum products taken on Cebu. The Pandacan claims were appealed by the defendant to the Supreme Court which resulted in a reversal of this court's decision, United States v. Caltex, 344 U.S. 149, 73 S.Ct. 200, 97 L.Ed. 157. This left plaintiff's judgment on its Cebu claim standing. Thereafter, and while plaintiff's claim was pending before a commissioner of this court for a determination of the amount due, the court decided in the case of Caltex (Philippines), Inc. v. United States, 122 F. Supp. 830, 129 Ct.Cl. 605, certiorari denied 348 U.S. 926, 927, 75 S.Ct. 339, 99 L.Ed. 726, under an identical fact situation that there had been no Fifth Amendment taking of Caltex's petroleum products on Cebu. The court further held that it was in error on the Cebu claim of Standard-Vacuum and to that extent overruled its previous opinion.

Defendant then moved for a new trial under rule 54(b) (5) and (6), 28 U.S. C.A. In an opinion, 127 F.Supp. 195, 196, 130 Ct.Cl. 431, 433, we granted defendant's motion for a new trial and set aside the former judgment and held "that Standard-Vacuum Oil Company is not entitled to recover for the destruction of its petroleum products remaining on Cebu when the Japanese were about to land on April 10, 1942. For all such products which had been appropriated by the defendant to its own use and which have not been paid for, it is entitled to recover." The case was referred to a commissioner to take proof and report the amount due.

Plaintiff then filed a motion under rule 54(b) (1) for relief from the above order. The court amended in 127 F.Supp. 195, 130 Ct.Cl. 434 its reference to the commissioner, using the following language to allow "the taking of any evidence the parties may desire to offer relative to the alleged taking of plaintiff's oil products on Cebu; otherwise the order of January 11, 1955, 127 F.Supp. 195, 130 Ct.Cl. 431 will stand." 132 F. Supp. 198 This motion was granted by the court for the reason that plaintiff was not a party to the Cebu claim of Caltex (122 F.Supp. 830, 129 Ct.Cl. 605) and should not be bound by the facts developed in that case. We did this notwithstanding that the facts relative to the oil products of Caltex, Inc. and of Standard-Vacuum Oil Company appeared in all respects to be the same.

A trial was held pursuant to our amended order at which time plaintiff presented no additional evidence but rested on specific portions of the record previously made in...