Henry Armstrong, Administrator of the Estate of Ella Armstrong, Deceased v. United States v. Carrie Holmes and Sarah Duhart, Third-Party

I must respectfully dissent from the majority holding that the court is without jurisdiction. My reasons are as follows.

Section 751 of 39 U.S.C.A. clearly excepts from its provisions certain powers which are specifically given to the Postmaster General by 39 U.S.C.A. § 768, which provides as follows:

“Powers of Postmaster General as to designation of offices, compensation of superintendents and inspectors, office hours, and regulations as to deposits and withdrawals. The Postmaster General shall select and designate the post offices which are to be postal savings depository offices, and shall…