Legal Opinion · Dissent

Becker Steel Co. of America v. Cummings

Supreme Court of the United States

Decided November 11, 1935No. 13Published

1DissentJustice Roberts

Although I do not disagree with the opinion of the Court respecting the meaning of the word “held” as found in § 9 (a) of the Trading with the Enemy Act, I think we. should not decide the point in this case. The order of the District Judge dismissing the action for want of jurisdiction was right notwithstanding he may have been in error as to the necessity of actual possession of the property or its proceeds by the Government’s representatives at the date of suit.

The action is clearly one against the United States1 and consent to be sued evidenced by Act of Congress is essential to…

2Cases cited9 opinions

  1. Finn v. United StatesSupreme Court of the United States · 1887
  2. United States v. JonesSupreme Court of the United States · 1889
  3. Johnson v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1930
  4. United States v. WardwellSupreme Court of the United States · 1898
  5. Banco Mexicano De Commercio E Industria v. Deutsche BankSupreme Court of the United States · 1923

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