Heil v. United States
District Court, S.D. New York
At Law. Action by Alfred W. Heil and Joseph S. Heil, partners as Heil & Co., against the United States. On demurrer to petition. Demurrer to a petition under the Tucker Act for failure to allege any cause of action.
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At Law. Action by Alfred W. Heil and Joseph S. Heil, partners as Heil & Co., against the United States. On demurrer to petition. Demurrer to a petition under the Tucker Act for failure to allege any cause of action. The petition alleges the President’s seizure of the marine cables of the Commercial Cable Company on November 2, 1918, under the war power, and his consequent operation of them, and that during the time of such operation the plaintiffs paid the proper tolls and delivered to “the Commercial Cable Company,” as an “agency” of the United States, a cable message to be sent to London,…
1Opinion of the Court
LEARNED HAND, District Judge.
It is conceded that, were these allegations contained in a complaint against the Commercial Cable Company before or after the operation of their property by the President, the demurrer would not lie. The question is whether any similar legal duties or obligations resulted during that period. None such can result, unless the United States has created them by statute, and the only relevant statute is the Tucker Act, which provides for suits upon—
“all claims * * * founded * * * upon any contract, express or implied, with the government of the United States * * * in…
2Cases cited1 opinion
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
3Cited by9 opinions
- Hammond-Knowlton v. United StatesCourt of Appeals for the Second Circuit · 1941
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Nickola v. United States Government Post Office DepartmentDistrict Court, E.D. Michigan · 1956
- American Scantic Line, Inc. v. United StatesDistrict Court, S.D. New York · 1938
- Bloedel Donovan Lumber Mills v. United StatesUnited States Court of Claims · 1947
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