Legal Opinion

Berger v. United States

United States Court of Claims

Decided April 16, 1901No. Departmental, 61PublishedCited by 5 opinions

The Reporters' statement of the case: , The letter of the Secretary of State transmitting the claim involved in this suit will be found in the opinion of the court. The letter from the State Department referring- the claims here expressly states that they involve controverted questions of law and disputed facts as to the amount of damages sustained if the liability should be shown to exist.

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The Reporters' statement of the case: , The letter of the Secretary of State transmitting the claim involved in this suit will be found in the opinion of the court. The letter from the State Department referring- the claims here expressly states that they involve controverted questions of law and disputed facts as to the amount of damages sustained if the liability should be shown to exist. This reference clearly brings the matter within the provisions of section 2 of the Bowman Act. The State Department desires the aid and counsel of this court in respect to the investigation of these…

1Opinion of the CourtPeelle, J.

The claim in the above-entitled cause, the real claim being-that of the British Government, was transmitted to the court by the Acting Secretary of State in a communication as-follows:

“DEPARTMENT OE STATE,

‘4 Washington, October IS, 1899.

“To their honors the
“Justices oe the Court oe Claims,

44 Washington, D. O.

“GentlemeN: The British Government has filed in the Department of State a memorial claiming against the Government of the United States damages consequent upon the capture of the British schooner E. R. Nickerson by an American-vessel of war during the late war with Spain, as w©U as a…

2Cases cited1 opinion

  1. Bright v. United StatesUnited States Court of Claims · 1872

3Cited by5 opinions

  1. United States Bedding Co. v. United StatesUnited States Court of Claims · 1920
  2. In re WrightUnited States Court of Claims · 1914
  3. Swiss Confederation v. United StatesUnited States Court of Claims · 1947
  4. In re Proposed Reference by the Secretary of the NavyUnited States Court of Claims · 1918
  5. In re Departmental ReferenceUnited States Court of Claims · 1924

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