Legal Opinion

Boerner v. United States

Court of Appeals for the Second Circuit

Decided February 4, 1941No. 104PublishedCited by 21 opinions

1Opinion of the Court

CLARK, Circuit Judge.

The plaintiff was a chauffeur-carrier employed by the United States Post Office Department at Long Island City, New York, until he was separated from the service for cause in 1935. He has brought this action under the Tucker Act, 28 U.S. C.A. § 41(20), to secure a refund, as provided in 5 U.S.C.A. § 724, of the deductions made from his salary during his term of service for credit to the civil-service retirement and disability fund. His claim for such refund, in the amount of $720.35, has never been disputed; the sole question has been with respect to the Government’s…

2Cases cited14 opinions

  1. Dunlop v. United StatesSupreme Court of the United States · 1897
  2. Rosenthal v. WalkerSupreme Court of the United States · 1884
  3. Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
  4. Leach & Co. v. PeirsonSupreme Court of the United States · 1927
  5. Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. United States v. 25.406 ACRES OF LAND, ETC.Court of Appeals for the Fourth Circuit · 1949
  2. Charlson Realty Company v. The United StatesUnited States Court of Claims · 1967
  3. Pasadena Research Laboratories, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1948
  4. Central Paper Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1952
  5. Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961

16 more not listed; retrieve them via the Exa API.

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