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Land Vs. Dollar
Cites for this judgment
- US Supreme Court
- Apr 07, 1947
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U.S. 731 (1947) U.S. Supreme Court Land v. DollarSearch
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U.S. 731 (1947) Land v. DollarSearch
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acted in excess of their authority as public officers and are answerable personally for their actions. United States v. LeeSearch
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If viewed in that posture, the case is very close to United States v. LeeSearch
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or officer of the United States who acts beyond his authority is answerable for his actions. And see Philadelphia Co. v. StimsonSearch
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Sloan Shipyards Corp. v. UnitedSearch
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general law is in issue, and the defendants claim as officers or agents of the sovereign, the rule of United States v. LeeSearch
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supra, has been repeatedly approved. Cunningham v. MaconSearch
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rule is applicable here, although we assume that record title to the shares is in the Commission. In United States v. LeeSearch
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to restore possession of the shares which they unlawfully held. We do not trace the principle of United States v. LeeSearch
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officials which would alter or terminate the contractual obligation of the United States to pay money. See Wells v. RoperSearch
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Mine Safety Co. v. ForrestalSearch
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It is not an attempt to get specific performance of a contract to deliver property of the United States. Goldberg v. DanielsSearch
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the adverse claims being based on an allegedly superior equity or on rights arising under Acts of Congress. Cunningham v. MaconSearch
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U. S. 481 . And see Stanley v. SchwalbySearch
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U. S. 500 , 256 U. S. 502 . If so, the suit is one against the sovereign. Mine Safety Co. v. ForrestalSearch
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though, as we have said, the judgment would not be res judicata as against the United States. See United States v. LeeSearch
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United States v. GeneralSearch
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and affidavits and other evidence produced on application for a preliminary injunction may not be considered. Polk Co. v. GloverSearch
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Fed.R.Civ.P. 12(b), the court may inquire by affidavits or otherwise, into the facts as they exist. Wetmore v. BymerSearch
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McNutt v. GeneralSearch
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KVOS, Inc. v. AssociatedSearch
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Press, 299 U. S. 269 , 299 U. S. 278 . As stated in Gibbs v. BuckSearch
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of course, that the Maritime Commission is an indispensable party to this proceeding. See Commonwealth Trust Co. v. SmithSearch
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only be restored to the respondents by an act of the Commission. Under such circumstances, cases like United States v. LeeSearch
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title to the complainants or to quiet title in those who claimed against the United States. In United States v. LeeSearch
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cannot, it seems to me, be determinative as to the necessity of making the Commission a party. See Goldberg v. DanielsSearch
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U. S. 218 . Cases cited in the opinion of the Court as following the rule of United States v. LeeSearch
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In Goltra v. WeeksSearch
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Maritime Commission. This cannot be done without joining the Maritime Commission as a party defendant. See Goldberg v. DanielsSearch
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Cunningham v. MaconSearch
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U.S. Supreme Court Land v. DollarSearch
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United States v. LeeSearch
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of United States v. LeeSearch
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the Commission. In United States v. LeeSearch
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