Collateral Releif in the Court of Claims: Recall of Retired Commissioners, Hearings Before Subcommittee No. 2 ... , 92-2, on H.R. 12979 ... , and H.R. 12392 ... , March 1, 19721972 - 129 sider |
Vanlige uttrykk og setninger
2d Sess 90th Congress action administrative agency Alaska Native Alire appeal applicable Army authorize the Court bill Borchard cert Chairman cited claimant claratory committee congressional reference contract Court of Claims Ct.Cl DANIELSON decision Declaratory Judg Declaratory Judgment Act declaratory relief declare the rights denied determination district court DONOHUE enacted Federal taxes filed Government H.R. Rep hearing issue JAFFE Judge CowEN judicial Judiciary KABATCHNICK KING language of H.R. legislation limited litigation longevity mandamus ment Act military records money damages money judgment party petition petitioner petitioner's Phillips Petroleum Co physical disability plaintiff present procedure proceedings question recovery of money refund reinstate remand render res judicata respect to Federal respondent respondent's Senate Skelly Oil Co SMITH sovereign immunity Stat statement statute suit Supp supra Supreme Court tion Tucker Act Twin Cities Properties U.S. COURT United States Code United States Court WALDIE writ Zdanok
Populære avsnitt
Side 16 - In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration, shall have the force and effect of a final judgment or decree and shall be reviewable as such.
Side 35 - Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Side 86 - ... (2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.
Side 35 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Side 16 - Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment" Assuming that a favorable decision be had, there should be no difficulty in enforcing a decree.
Side 86 - The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States: (1) Founded upon the Constitution...
Side 25 - Amounts received as a pension, annuity or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country...
Side 41 - Act, a federal court would entertain a suit on a contract only if the plaintiff asked for an immediately enforceable remedy like money damages or an injunction, but such relief could only be given if the requisites of jurisdiction, in the sense of a federal right or diversity, provided foundation for resort to the federal courts. The Declaratory Judgment Act allowed relief to be given by way of recognizing the plaintiff's right even though no immediate enforcement of it was asked.
Side 60 - The term" court of the United States" includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the district courts of the United States...
Side 25 - ... were computed on the basis of percentage of disability is not considered as a pension, annuity, or similar allowance for personal injury or sickness, resulting from active service in the armed forces of any country, or in the Coast and Geodetic Survey, or the Public Health Service (see 10 USC 1403 (formerly 37 USC 272(h), section 402(h) of the Career Compensation Act of 1949)).