United States v. Shofner Iron & Steel Works

The United States, appellant here, sued to recover possession of a parcel of real property located in Oregon. The facts pleaded in its complaint may be summarized thus: In 1942 Defense Plant Corporation leased the property in suit to appellee, herein referred to as Shofner. On July 1, 1945, Defense Plant Corporation was dissolved and its functions and assets were transferred to Reconstruction Finance Corporation pursuant to the Joint Resolution of June 30, 1945, 59 Stat. 310 , 15 U.S.C.A. § 601 note. Reconstruction Finance terminated the lease in accordance with its terms, effective as of December 5, 1945, but consented to Shofner’s remaining in possession until May 15, 1946. Subsequent to the latter date Shofner has continued in possession without right or authority. On May 24, 1946 Reconstruction Finance declared the premises and facilities surplus and transferred jurisdiction of the same to the War Assets Administration pursuant to the Surplus Property Act of October 3, 1944, 58 Stat. 765 , 50 U.S.C.A. Appendix § 1611 et seq., as amended, and regulations thereunder. The present suit was instituted in the name of the United States on August 12, 1946, praying judgment against…