In the United States v. Central Eureka Mining Co. et al., 1957, the Supreme Court ruled on a case involving gold mining companies and their claim for compensation due to a government-ordered shutdown during World War II. The U.S Government had issued Order L-208 in 1942 which closed down nonessential gold mines so that resources could be redirected towards essential war materials production. After the war, several mining companies sued for compensation under the Fifth Amendment's "takings clause," arguing that they were entitled to just compensation because this order amounted to a taking of private property by the government for public use. The Supreme Court disagreed with these claims and held that there was no compensable taking under the Fifth Amendment as Order L-208 did not appropriate or take physical possession of any property but merely regulated its use temporarily during wartime conditions. The court noted that while it may have caused financial loss, such losses are often associated with wartime measures and do not necessarily constitute an unconstitutional infringement upon private property rights.

In the dissenting opinion for United States v. Central Eureka Mining Co., Justice Frankfurter, joined by Justices Harlan and Whittaker, argued that the government's actions were a valid exercise of its war powers. They contended that during wartime, it is necessary to prioritize certain industries over others in order to support the war effort. In this case, they believed that gold mining was rightly deemed less important than other industries critical to World War II efforts such as manufacturing weapons or producing food supplies. The dissenters also disagreed with the majority's interpretation of "taking" under Fifth Amendment jurisprudence; they asserted that not all governmental interferences with property rights constitute a compensable taking under the Constitution. Furthermore, they pointed out inconsistencies in previous court rulings regarding compensation for regulatory takings during times of emergency or public necessity.