Harold Hitz Burton

“ The dissenting judge in the Court of Claims pointed out that-'This extra expense consisted of an increased vacation allowance to the plaintiff's workmen, and the refund to them of occupational charges like rentals on mine lamps. The court has not found that the plaintiff (company) could have operated its mine without making the concessions directed by the War Labor Board, nor has it found what the losses to the plaintiff would have been if the Government had not intervened and the strike had continued. ”

“ This case is within the principle stated in Marion & Rye Valley R. Co. v. United States, 270 U.S. 280, 282, 46 S.Ct. 253, 254, 70 L.Ed. 585, as follows: ' (E) ven if there was technically a taking, the judgment for defendant was right. ”