Moreno v. United States

D.C. Circuit

Moreno v. United States

195 F.2d 208, 90 U.S. App. D.C. 264, 1952 U.S. App. LEXIS 2928

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 6, 1952

Docket11091_1

StatusPublished

This text of 195 F.2d 208 (Moreno v. United States) 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.

Bluebook

Moreno v. United States, 195 F.2d 208, 90 U.S. App. D.C. 264, 1952 U.S. App. LEXIS 2928 (D.C. Cir. 1952).

Pincite

Opinion

PER CURIAM.

Appellant, a retired officer of the Army_ of the United States, died a compiaiiit fsr back pay, which the District Court dismissed. The court ruled that the claim was res judicata because of the judgment of the Court of Claims in Vicente Moreno v. United States, 93 F.Supp. 607, 118 Ct.Cl. 30. If the District Court had jurisdiction its action was correct for the reason it gave. If the District Court lacked jurisdiction by reason of 28 U.S.C. § 1346(d) which provides that “The district courts shall not 'have jurisdiction * * * of * * * (2) Any civil action to recover fees, salary, or compensation for official services of officers of the United States”, its action was correct for that reason. Cf. Almour v. Pace, 90 U.S.App.D.C. —, 193 F.2d 699. Since the question of jurisdiction does not affect the validity of the court’s action we need not decide it.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, a retired officer of the Army_ of the United States, died a compiaiiit fsr back pay, which the District Court dismissed. The court ruled that the claim was res judicata because of the judgment of the Court of Claims in Vicente Moreno v. United States, 93 F.Supp. 607, 118 Ct.Cl. 30. If the District Court had jurisdiction its action was correct for the reason it gave. If the District Court lacked jurisdiction by reason of 28 U.S.C. § 1346(d) which provides that “The district courts shall not 'have jurisdiction * * * of * * * (2) Any civil action to recover fees, salary, or compensation for official services of officers of the United States”, its action was correct for that reason. Cf. Almour v. Pace, 90 U.S.App.D.C. —, 193 F.2d 699. Since the question of jurisdiction does not affect the validity of the court’s action we need not decide it.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

195 F.2d 208, 90 U.S. App. D.C. 264, 1952 U.S. App. LEXIS 2928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moreno-v-united-states-cadc-1952.

Opinion

Related

Cite This Page — Counsel Stack