Summary

Portrait of Sherman Minton Sherman Minton Fogarty v. United States — Opinion of the Court

The words of the Lucas Act itself shed further light on that subject. Like § 201 of the First War Powers Act, the Lucas Act contemplates relief by grace and not in recognition of legal rights. It speaks in § 1 of 'equitable claims * * * for losses * * * in the performance of such contracts or subcontracts', and in § 2, of 'fair and equitable settlement of claims'. Further, the Act limits the departments and agencies which may grant relief to those which were authorized to grant relief under the First War Powers Act.
Source: Wikisource

Portrait of Sherman Minton Sherman Minton Fogarty v. United States — Opinion of the Court

None of the documents relied on by petitioner was sufficient to apprise the Navy Department that it was being asked to accord relief under the First War Powers Act. We must therefore agree with the Court of Appeals that no 'written request for relief' was filed, and, therefore, that recovery was not available to petitioner under the Lucas Act. We do not reach alternative questions.
Source: Wikisource

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