Buck, Paymaster General of the Navy v. Snyder

D.C. Circuit

Buck, Paymaster General of the Navy v. Snyder

179 F.2d 466, 85 U.S. App. D.C. 428

CourtCourt of Appeals for the D.C. Circuit

DecidedNovember 16, 1949

Docket9847_1

StatusPublished

Cited by11 cases

This text of 179 F.2d 466 (Buck, Paymaster General of the Navy v. Snyder) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buck, Paymaster General of the Navy v. Snyder, 179 F.2d 466, 85 U.S. App. D.C. 428 (D.C. Cir. 1949).

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Opinion

PER CURIAM.

This cause came on to be heard on the transcript of record from the United States District Court for the District of Columbia, and was argued by counsel; and thereafter on request of the court the parties filed memoranda on the question whether the case has abated.

On consideration whereof, and it appearing that appellant Rear Admiral W. A. Buck, sued herein as Paymaster General of the Navy, resigned such office on March 1, 1948, and was succeeded by Read Admiral Edwin D. Foster, who now holds that office, and it appearing that no motion was made under Section 11 of the Act of February 13, 1925 (formerly Sec. 780, Title 28, U.S.Code, 1 which was repealed by the Act of June 25, 1948, Ch. 646, 62 Stat. 992, effective September 1, 1948), requesting the Court to “permit the cause to be continued and maintained by or against the successor in office of such officer,” and that the six-months period within which such a motion could have been made expired September 1, 1948, and the Court being of opinion that the action has abated because of failure to substitute appellant’s successor [See Defense Supplies Corp. v. Lawrence Co., 1949, 336 U.S. 631, 69 S.Ct. 762, particularly that portion of the opinion dealing with United States ex rel. Claussen v. Curran, 1928, 276 U.S. 590, 48 S.Ct. 206, 72 L.Ed. 720] it is

Ordered by the Court that the judgment of the District Court on appeal in this case be, and it is hereby, vacated and that this case be, and it is hereby, remanded to the District Court with directions to dismiss the complaint as abated.

1

. Covered by Federal Rules of Civil Procedure, Rule 25, 28 U.S.C.A.

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PER CURIAM.

This cause came on to be heard on the transcript of record from the United States District Court for the District of Columbia, and was argued by counsel; and thereafter on request of the court the parties filed memoranda on the question whether the case has abated.

On consideration whereof, and it appearing that appellant Rear Admiral W. A. Buck, sued herein as Paymaster General of the Navy, resigned such office on March 1, 1948, and was succeeded by Read Admiral Edwin D. Foster, who now holds that office, and it appearing that no motion was made under Section 11 of the Act of February 13, 1925 (formerly Sec. 780, Title 28, U.S.Code, 1 which was repealed by the Act of June 25, 1948, Ch. 646, 62 Stat. 992, effective September 1, 1948), requesting the Court to “permit the cause to be continued and maintained by or against the successor in office of such officer,” and that the six-months period within which such a motion could have been made expired September 1, 1948, and the Court being of opinion that the action has abated because of failure to substitute appellant’s successor [See Defense Supplies Corp. v. Lawrence Co., 1949, 336 U.S. 631, 69 S.Ct. 762, particularly that portion of the opinion dealing with United States ex rel. Claussen v. Curran, 1928, 276 U.S. 590, 48 S.Ct. 206, 72 L.Ed. 720] it is

Ordered by the Court that the judgment of the District Court on appeal in this case be, and it is hereby, vacated and that this case be, and it is hereby, remanded to the District Court with directions to dismiss the complaint as abated.

1

. Covered by Federal Rules of Civil Procedure, Rule 25, 28 U.S.C.A.

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179 F.2d 466, 85 U.S. App. D.C. 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buck-paymaster-general-of-the-navy-v-snyder-cadc-1949.

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