AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO, ET AL.
v.
LOCAL 1441, RETAIL CLERKS INTERNATIONAL ASSN., AFL-CIO, ET AL.

U.S. | 1964-06-15
No. 1067
Mr. Justice Goldberg took no part in the consideration or decision of this petition.
377 U.S. 981 Supreme Court of the United States (1964) Positive Treatment
Cited by 3 cases

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  • …178, 180 (1959). This rule has been repeatedly followed. See, e. g., Green v. United States, 172 F.Supp. 679, 145 Ct.Cl. 628 (1959); Smithers v. United States, 150 Ct.Cl. 640 (1960); Kempinski v. United States, 164 Ct.Cl. 451 (1964), cert. denied, 377 U.S. 981, 84 S.Ct. 1889, 12 L.Ed.2d [*975] 749. The United States has been entitled to invoke the estoppel defense, although not formally a party to the first suit, but solely because of privity. In no instance has this court discarded the traditional requir…
  • Dunn v. United States Dep't OF Agric., 654 F.2d 64 (Ct. Cl. 1981)
    …lding of Testan that a statute providing for solely discretionary payments of money does not give rise to a “right to recover money damages from the United States.” * * * {Adair v. United States, Ct.Cl., 648 F. 2d 1318 at 1322 (1981)], cert. denied, 377 U.S. 981, 84 S.Ct. 1889, 12 L.Ed.2d 749. See also Kempinski v. United States, 164 Ct.Cl. 451, 453 (1964). Since it is clear that petitioner does not have a claim for monetary relief, we do not have jurisdiction of his appeal. IV. As previously stated, th…
  • …ion box cases, E.g. Griffin, supra; Shaller v. United States, 202 Ct.Cl. 571, cert. denied, 414 U.S. 1092, 94 S.Ct. 723, 38 L.Ed.2d 549 (1973); Serbin v. United States, 168 Ct.Cl. 934 (1964); Kempinski v. United States, 164 Ct.Cl. 451, cert. denied, 377 U.S. 981, 84 S.Ct. 1889, 12 L.Ed.2d 749 (1964); Martilla v. United States, 118 Ct.Cl. 177 (1950). The district court holding that appellant had not stated a cause of action within the jurisdiction of the district court was correct. AFFIRMED.…

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