Bruner v. United States

Fifth Circuit

Bruner v. United States

189 F.2d 255, 1951 U.S. App. LEXIS 3164

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 1, 1951

Docket13411_1

StatusPublished

Cited by2 cases

This text of 189 F.2d 255 (Bruner v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bruner v. United States, 189 F.2d 255, 1951 U.S. App. LEXIS 3164 (5th Cir. 1951).

Pincite

Opinion

PER CURIAM.

Brought under the Tucker Act, 28 U.S.C. § 1346(d) (2), to recover moneys claimed to be due plaintiff for services rendered under contract with the United States and not paid for, plaintiff’s suit was met by a motion to dismiss on the ground that, under the controlling decision in this circuit, Kennedy v. United States, 146 F.2d 26, plaintiff was an officer of the United States, and the court was without jurisdiction.

The district judge, on evidence sufficient to support his conclusion, found: that the plaintiff was appointed by the Secretary of War, pursuant to Art. II, Sec. 2, Clause 2, of the Constitution; that he was an officer of the United States; and that the court was without jurisdiction of his claim. So determining, he dismissed the suit on that ground, and this appeal followed.

We agree that the case is ruled by Kennedy v. United States, supra, and that the judgment should be affirmed.

Affirmed.

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