armstrong
argued
march
decided
june
upon
default
shipbuilder
contract
construct
certain
boats
government
exercising
option
contract
required
shipbuilder
transfer
government
title
uncompleted
boats
materials
hand
construction
made
impossible
petitioners
enforce
materialmen
liens
attached
state
law
boats
materials
materials
furnished
shipbuilder
petitioners
sued
claims
compensation
taking
liens
government
held
petitioners
entitled
recover
whatever
value
liens
government
took
title
boats
materials
pp
terms
contract
involved
title
property
shipbuilder
materials
furnished
mere
fact
contemplated
title
eventually
vest
government
prevent
materialmen
liens
attaching
pp
record
case
petitioners
compensable
property
interests
within
meaning
fifth
amendment
liens
boats
materials
prior
transfer
title
government
pp
since
government
action
destroyed
value
petitioners
liens
circumstances
case
taking
liens
government
compensation
due
fifth
amendment
pp
burton
thorman
argued
cause
petitioners
brief
solomon
dimond
samuel
slade
argued
cause
brief
solicitor
general
rankin
assistant
attorney
general
doub
seymour
farber
justice
black
delivered
opinion
action
petitioners
assert
materialmen
liens
state
law
materials
furnished
prime
contractor
building
boats
seek
compensation
fifth
amendment
value
liens
accumulated
materials
uncompleted
work
conveyed
entered
contract
rice
shipbuilding
corporation
construction
navy
personnel
boats
contract
provided
event
default
rice
government
terminate
contract
require
rice
transfer
title
deliver
government
completed
uncompleted
work
together
manufacturing
materials
acquired
rice
building
boats
petitioners
furnished
various
materials
rice
use
construction
boats
upon
rice
default
government
exercised
option
boat
hulls
still
construction
rice
executed
itemized
instrument
transfer
title
conveying
hulls
manufacturing
materials
hand
government
removed
properties
naval
shipyards
use
completion
boats
transfer
occurred
petitioners
paid
materials
paid
since
petitioners
therefore
contended
liens
maine
law
provides
hoever
furnishes
labor
materials
building
vessel
lien
therefor
may
enforced
attachment
thereof
within
days
launched
also
lien
materials
furnished
become
part
vessel
may
enforced
attachment
maine
rev
claiming
valid
liens
hulls
manufacturing
materials
time
transferred
rice
petitioners
asserted
government
action
destroyed
liens
making
unenforceable
constituted
taking
property
without
compensation
violation
fifth
amendment
claims
relying
ansonia
brass
copper
held
petitioners
never
acquired
valid
liens
hulls
materials
transferred
government
therefore
taking
property
owned
cl
supp
granted
certiorari
claims
reached
conclusion
correct
premise
laborers
materialmen
acquire
liens
public
work
hill
american
surety
equitable
surety
mcmillan
munsey
trust
reasoned
contract
rice
contemplated
title
vessels
eventually
vest
government
government
inchoate
title
materials
supplied
petitioners
rendering
materials
public
works
immune
outset
petitioners
liens
agree
mere
prospect
property
later
owned
renders
property
immune
otherwise
valid
liens
sovereign
immunity
materialmen
liens
never
extended
beyond
property
actually
owned
ansonia
case
upon
claims
relied
makes
clear
dealing
one
aspect
issues
involved
said
dealing
right
state
provide
liens
property
chattel
process
construction
remains
builder
may
constructing
view
transferring
title
therein
upon
acceptance
contract
government
treating
property
owns
property
obvious
reasons
public
policy
seized
authority
another
sovereignty
consent
government
think
therefore
claims
error
holding
however
end
case
petitioners
favor
since
urges
grounds
support
judgment
ii
contended
petitioners
asserted
liens
gave
compensable
property
interests
within
meaning
fifth
amendment
maine
law
materialmen
become
entitled
lien
furnish
supplies
however
lien
must
subsequently
enforced
attachment
vessel
supplies
allegation
petitioners
taken
steps
attach
uncompleted
work
nevertheless
entitled
resort
specific
property
satisfaction
claims
right
compensable
virtue
fifth
amendment
decided
louisville
bank
radford
case
bank
acquired
mortgage
state
law
constituted
lien
enforceable
suit
foreclose
subsequently
congress
amended
bankruptcy
act
deprive
mortgagees
substantial
incidents
rights
resort
mortgaged
property
held
bank
property
taken
without
compensation
violation
fifth
amendment
reason
suggested
nature
liens
held
petitioners
regarded
different
purpose
interest
bank
held
compensable
radford
case
government
however
suggests
held
paramount
lien
property
secure
progress
payments
petitioners
claimed
liens
fact
worthless
petitioners
hand
argue
government
chose
acquire
title
property
rather
enforce
lien
lien
merged
title
thus
making
petitioners
liens
paramount
even
liens
remained
subordinate
government
value
hulls
materials
sufficient
satisfy
government
claims
petitioners
claims
well
need
decide
whether
matter
law
government
lien
merged
title
least
petitioners
prior
transfer
title
right
whatever
proceeds
property
might
bring
government
claim
amount
progress
payments
date
default
rice
expended
government
advanced
progress
payments
way
knowing
property
brought
sold
said
certainty
brought
amount
government
claim
moreover
petitioners
might
able
purchase
property
realize
amount
claims
government
claims
satisfied
factors
may
present
difficult
problem
valuation
say
record
petitioners
interests
valueless
government
also
seems
suggest
contract
rice
expressly
gave
government
option
requiring
conveyance
title
upon
default
petitioners
liens
attached
subject
limitation
petitioners
however
parties
contract
furthermore
liens
attached
operation
law
nothing
record
indicates
scope
liens
affected
contractual
arrangements
owner
property
may
entered
conclude
therefore
record
petitioners
must
considered
compensable
property
interests
within
meaning
fifth
amendment
prior
transfer
title
government
iii
final
question
whether
government
action
constituted
taking
petitioners
property
interests
within
meaning
fifth
amendment
compelled
rice
transfer
hulls
materials
held
future
use
building
boats
petitioners
valid
liens
maine
law
hulls
whatever
unused
materials
petitioners
furnished
transfer
liens
enforceable
attachment
hulls
materials
transfer
liens
still
valid
alabama
enforced
sovereign
immunity
government
property
suit
result
destruction
petitioners
property
rights
liens
although
pointed
liens
valid
compensable
value
petitioners
contend
destruction
liens
circumstances
taking
denies
largely
premise
inability
petitioners
enforce
liens
immunity
government
property
suit
amount
taking
government
argues
ansonia
case
dispositive
fifth
amendment
issue
case
contract
shipbuilder
provided
one
ships
contracted
dredge
benyuard
progress
payments
made
portion
work
paid
become
property
subcontractors
claimed
liens
uncompleted
vessel
virginia
law
merely
held
property
passed
virtue
terms
contract
lien
enforced
question
raised
rights
possessed
subcontractors
prior
acquisition
title
whether
event
entitled
compensation
fifth
amendment
sure
reason
believe
subcontractors
liens
case
like
petitioners
attach
soon
materials
furnished
necessarily
prior
making
progress
payment
portion
work
incorporating
materials
consequent
passage
title
see
hawes
trigg
fifth
amendment
question
raised
passed
upon
circumstances
regard
decision
dispositive
precise
point
consideration
must
proceed
decide
question
hold
taking
liens
compensation
due
fifth
amendment
true
every
destruction
injury
property
governmental
action
held
taking
constitutional
sense
omnia
commercial
case
many
others
reveal
difficulty
trying
draw
line
destructions
property
lawful
governmental
actions
compensable
takings
destructions
consequential
therefore
compensable
see
central
eureka
mining
causby
general
motors
sponenbarger
pennsylvania
coal
mahon
louisville
nashville
mottley
legal
tender
cases
wall
total
destruction
government
value
liens
constitute
compensable
property
every
possible
element
fifth
amendment
taking
mere
consequential
incidence
valid
regulatory
measure
liens
destroyed
lienholders
admittedly
compensable
property
immediately
afterwards
none
property
vanished
thin
air
government
advantage
destroyed
value
liens
something
government
property
subject
suit
private
purchaser
done
since
acquisition
public
use
however
accomplished
whether
intent
purpose
extinguishing
liens
government
action
destroy
circumstances
case
thereby
take
property
value
liens
within
meaning
fifth
amendment
neither
boats
immunity
acquired
government
enforcement
liens
use
contract
take
title
relieves
government
constitutional
obligation
pay
compensation
value
liens
petitioners
lost
loss
government
direct
positive
beneficiary
fifth
amendment
guarantee
private
property
shall
taken
public
use
without
compensation
designed
bar
government
forcing
people
alone
bear
public
burdens
fairness
justice
borne
public
whole
fair
interpretation
constitutional
protection
entitles
lienholders
compensation
cf
thibodo
judgment
reversed
cause
remanded
claims
proceedings
determine
value
property
taken
reversed
remanded
footnotes
rice
also
liable
government
additional
amount
approximating
representing
excess
cost
government
boats
completed
contract
provide
allegation
amount
secured
lien
property
questions
value
liens
determined
claims
since
entered
summary
judgment
reasons
stated
supra
ansonia
brass
copper
hill
american
surety
equitable
surety
mcmillan
munsey
trust
siren
wall
minnesota
alabama
government
also
cites
mullen
benevolent
facts
however
revealed
government
action
destroyed
liens
existing
time
government
acquired
land
said
none
remained
upon
land
purchases
consummated
justice
harlan
justice
frankfurter
justice
clark
join
dissenting
agree
petitioners
valid
liens
uncompleted
work
supplies
time
property
transferred
government
liens
represented
compensable
property
interests
within
meaning
fifth
amendment
fifth
amendment
renders
government
liable
taking
interests
conclude
readily
simply
value
liens
destroyed
taking
petitioners
property
concedes
every
governmental
act
ultimately
destroys
property
rights
constitutes
compensable
taking
rights
dealing
situation
condemned
full
fee
interest
property
thus
purporting
extinguish
claims
therein
case
may
well
lienholders
entitled
compensation
value
interests
see
thibodo
cf
general
motors
instance
however
government
exercised
power
eminent
domain
intent
purpose
extinguishing
petitioners
liens
indeed
exercised
power
eminent
domain
done
exercise
undoubted
power
contract
acquire
title
property
consequent
effect
render
liens
unenforceable
independent
principle
sovereign
immunity
nature
doctrine
sovereign
immunity
precludes
regarding
interposition
fifth
amendment
taking
seems
established
immunity
declares
government
must
pay
exercising
effectively
negativing
affirm