Legal Opinion

Guttormsen v. United States

United States Court of Claims

Decided March 9, 1908No. 12733PublishedCited by 1 opinion

The Reporters'1 statement of the case: This is a claim for alleged permanent injuries received by the claimant in November, 1880, while in the employ of the United States as a laborer, and for medical attendance, nursing and medicines required in the treatment of said injuries. The claim was first referred to the court by resolution of the House of Representatives December 19, 1904, under the act of March 3,1887, and numbered 11730 congressional.

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The Reporters'1 statement of the case: This is a claim for alleged permanent injuries received by the claimant in November, 1880, while in the employ of the United States as a laborer, and for medical attendance, nursing and medicines required in the treatment of said injuries. The claim was first referred to the court by resolution of the House of Representatives December 19, 1904, under the act of March 3,1887, and numbered 11730 congressional. On December 4, 1905, the court filed findings of fact in favor of the claimant in the sum of $5,000, which findings were, on December 12, 1905,…

1Opinion of the CourtBooth, J.

This is the second reference of this bill under the act of March 3,1887, commonly known as the Tucker Act. Under the first reference findings of fact were reported by the court and duly certified to Congress. Under the second reference some additional testimony was taken and presented to the court and some amendment of the findings was asked. The court is precluded from exercising jurisdiction under the second reference of the same bill under the fourteenth section of the Tucker Act unless its prior findings have been procured through the misconduct of the parties, their attorneys or…

2Cases cited2 opinions

  1. Taylor v. United StatesUnited States Court of Claims · 1889
  2. Hartiens v. United StatesUnited States Court of Claims · 1906

3Cited by1 opinion

  1. Richardson v. United StatesUnited States Court of Claims · 1935

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