Gladys Laycock v. Frank J. Kenney

Appellant is the owner of the majority interest in gold mining property situated in Grant County, Oregon, which she alleges has been extensively developed to a point where 234,000 tons of ore are blocked out. She further alleges that she has found, as many other gold mine operators in the United States have found, that the ore cannot be economically mined and processed at the current price set for gold under the regulations of the United States Treasury Department, with the result her mine cannot be operated at a profit and remains idle with practically no resale value as a gold mine.

Claiming that the regulations directly and proximately resulted in a loss of profits and depreciation of the value of the property, appellant sought damages against the United States in a previous suit which was dismissed by trial court. This Court affirmed the dismissal, on the grounds there was no jurisdiction, the government’s consent to be sued on matters arising from acquisition of gold having been expressly withdrawn by an Act of Congress, 49 Stat. 938 , 939, 31 U.S.C.A. § 773b. See Laycock v. United States, 1956, 9 Cir., 230 F.2d 848 , certiorari denied 351 U.S. 964 , 76 S.Ct. 1028 , 100…