IN THE UNITED STATES COURT OF FEDERAL CLAIMS
MARCIA FEE ACHENBACH, et. al., 1
1
Plaintiffs, 1
1 Case No.
V. 1
)
THE UNITED STATES, 1
1
Defendant. )
) )
COMPLAINT
Plaintiffs Marcia Fee Achenbach and 597 other persons, or their estates,
individually identified in Appendix 1, by their attorneys Anthony D'Amato, David G.
Duggan, and Susan M. Keegan, bring this action against the United States of America and
allege the following.
I. OVERVIEW
1. The members of the plaintiff class are, or are the legal representatives of,
citizens of the United States present in the Philippines, Guam, Wake, or Midway Islands,
when they were injured or killed by the Japanese armed forces in the period of December 7,
194 1 to September 2, 1945 . .
2. The defendant is the United States of America, including all of its offices and
agencies. Said defendant deliberately stranded the plaintiffs in the Philippines, Guam,
Wake, and Midway, sacrificing their health, liberty and property in order to further the
affairs of state. It did so without the plaintiffs' consent and in violation of the
rights as detailed herein.
3. Plaintiffs allege that the United States deliberately left them in harm's way
preventing them from securing passage back to the United States despite the overwhelming
SNIPPETS:
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Plaintiffs Marcia Fee Achenbach and 597 other persons, or their estates,
The members of the plaintiff class are, or are the legal representatives of, civilian
citizens of the United States present in the Philippines, Guam, Wake, or Midway Islands,
Said defendant deliberately stranded the plaintiffs in the Philippines, Guam,
Wake, and Midway, sacrificing their health, liberty and property in order to further the
probability if not the virtual certainty of Japanese attack.
American officials falsely
Japanese atrocities committed against Chinese civilians such as the "Rape of Nanking" and
subject to the tender mercies of the armed forces of Japan.
Japan `s Strategic Objectives
Since winning the Russo-Japanese war of 1.904-06,
debated the comparative merits of pursuing a northern strategy,
against the Soviet Union by attacking eastern Siberia.
the Japanese government had some reason to believe
Chinese citizens, turning China into a bitter enemy.
App.
' Herbert Feis served in the State Department as Advisor on International Economic Affairs.
Japan to ship oil from Borneo and the Dutch East Indies north to Japan by oil tankers,
President Theodore Roosevelt wrote that the Philippine islands LLform our
Japan's surprise attack on Pearl Harbor on December 7, 1941, Japan attacked the
President Roosevelt was
On January 7, 1941, High Commissioner Sayre sent a telegram to Secretary
the High Commissioner refused to validate their American passports to travel to the United
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