Randolph v. United States

Fifth Circuit

Randolph v. United States

158 F.2d 787, 1946 U.S. App. LEXIS 2462

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 15, 1946

DocketNo. 11761

StatusPublished

Cited by6 cases

This text of 158 F.2d 787 (Randolph 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

Randolph v. United States, 158 F.2d 787, 1946 U.S. App. LEXIS 2462 (5th Cir. 1946).

Pincite

Opinion

PER CURIAM.

Appellant suing under the Tucker Act, 28 U.S.C.A. § 41(20), to récover disability retirement pay, claimed to be due him as a Lieutenant Colonel in the Army under Section 456, Title 10 U.S.C.A., was met by a motion to dismiss for want of jurisdiction.

The District Judge sustained the motion, and, on the authority of United States v. Beaman, 5 Cir., 61 F.2d 493, Morgan v. United States, 5 Cir., 115 F.2d 426, and Smith v. United States, 4 Cir., 57 F.2d 998, dismissed the cause.

Appellant is here claiming that Dismuke v. United States, 297 U.S. 167, 56 S.Ct. 400, 80 L.Ed. 561, is to the contrary. We do not think so. The judgment is affirmed.

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

PER CURIAM.

Appellant suing under the Tucker Act, 28 U.S.C.A. § 41(20), to récover disability retirement pay, claimed to be due him as a Lieutenant Colonel in the Army under Section 456, Title 10 U.S.C.A., was met by a motion to dismiss for want of jurisdiction.

The District Judge sustained the motion, and, on the authority of United States v. Beaman, 5 Cir., 61 F.2d 493, Morgan v. United States, 5 Cir., 115 F.2d 426, and Smith v. United States, 4 Cir., 57 F.2d 998, dismissed the cause.

Appellant is here claiming that Dismuke v. United States, 297 U.S. 167, 56 S.Ct. 400, 80 L.Ed. 561, is to the contrary. We do not think so. The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

158 F.2d 787, 1946 U.S. App. LEXIS 2462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randolph-v-united-states-ca5-1946.

Opinion

Related

Cite This Page — Counsel Stack