Marks

This is a suit for damages brought against the United States by the trustees of the estate of L. L. McCandless, deceased, under authority of Private Law 433, 80th Congress, approved June 29, 1948. The damages claimed were in part for loss of livestock and other personal property occasioned by movements of Army personnel on the Island of Oahu following the attack on Pearl Harbor, and in part for the value of two tmex-pired leases of public lands on the Island cancelled at the government’s instigation, assertedly without authority of law. The court awarded judgment on the claims in the amount of $65,-894.29, itemized as shown in the footnote.

There are two questions for decision, (1) whether the livestock loss “arose out of the combat activities of military personnel of the United States” within the intendment of the proviso qualifying the first section of the Act; and (2) whether the lands embraced in the leases were subject to withdrawal for national purposes without liability to the lessee. In our opinion, contrary to the holding below, both questions must be answered in the affirmative.

1. The leased lands, together with some adjoining parcels owned by the estate in fee, were…