Automatic Sprinkler Corp. of America v. Darla Environmental Specialists Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Buchanan v. Alexander, 45 U.S. (4 How.) 20, 11 L.Ed. 857 (1846), holds that money retained by the United States for the benefit of its employees may not be reached by the employees’ creditors unless Congress has enacted a statute authorizing garnishment or equivalent , relief. Otherwise, the Court believed, the principle of sovereign immunity prevents a judge from directing how, when, and to whom the United States should distribute funds. In this case the district judge concluded that application of Buchanan would work an injustice, to a creditor and wondered aloud:…
2Cases cited15 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- United States v. TestanSupreme Court of the United States · 1976
- United States v. SherwoodSupreme Court of the United States · 1941
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
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3Cited by2 opinions
- Bormes v. United StatesDistrict Court, N.D. Illinois · 2009
- Automatic Sprinkler Corporation Of America v. Darla Environmental Specialists Inc.Court of Appeals for the Third Circuit · 1995