Waterman v. Somervell

S.D. New York

Waterman v. Somervell

34 F. Supp. 695, 1940 U.S. Dist. LEXIS 2629

CourtDistrict Court, S.D. New York

DecidedJune 17, 1940

StatusPublished

Cited by2 cases

This text of 34 F. Supp. 695 (Waterman v. Somervell) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waterman v. Somervell, 34 F. Supp. 695, 1940 U.S. Dist. LEXIS 2629 (S.D.N.Y. 1940).

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Opinion

KNOX, District Judge.

The motion to dismiss the complaint must be granted. Under the Emergency Relief Appropriation Act, 1933, Executive Order No. 6442, 15 U.S.C.A. §§ 721-728 note, all personnel on the W. P. A. are appointed in the sole discretion of the administrator. This court has no power to control the exercise of that discretion. See Love v. United States, 8 Cir., 108 P.2d 43; Block v. Sassman, D.C., 26 F.Supp. 105.

The motion to set aside service of the summons and complaint upon the Senate Appropriations Committee and the Senate Investigating Committee on Unemployment and Relief must likewise be granted. The Committee was served upon an alleged representative of the committee and such service does not meet the requirements of Rule 4(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

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KNOX, District Judge.

The motion to dismiss the complaint must be granted. Under the Emergency Relief Appropriation Act, 1933, Executive Order No. 6442, 15 U.S.C.A. §§ 721-728 note, all personnel on the W. P. A. are appointed in the sole discretion of the administrator. This court has no power to control the exercise of that discretion. See Love v. United States, 8 Cir., 108 P.2d 43; Block v. Sassman, D.C., 26 F.Supp. 105.

The motion to set aside service of the summons and complaint upon the Senate Appropriations Committee and the Senate Investigating Committee on Unemployment and Relief must likewise be granted. The Committee was served upon an alleged representative of the committee and such service does not meet the requirements of Rule 4(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

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Bluebook (online)

34 F. Supp. 695, 1940 U.S. Dist. LEXIS 2629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waterman-v-somervell-nysd-1940.

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