Legal Opinion

Eberlein v. United States

United States Court of Claims

Decided May 27, 1918No. 33266PublishedCited by 10 opinions

The Reporter’s statement of the case: The charges against plaintiff were preferred by the Collector of Customs at the instance of the Department of Justice. Prior to, and after his removal, plaintiff made repeated efforts to obtain a hearing and begged for the privilege of facing his accusers but such requests were not granted.

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The Reporter’s statement of the case: The charges against plaintiff were preferred by the Collector of Customs at the instance of the Department of Justice. Prior to, and after his removal, plaintiff made repeated efforts to obtain a hearing and begged for the privilege of facing his accusers but such requests were not granted. Plaintiff constantly and consistently maintained his innocence and made strenuous attempts to obtain his reinstatement through the Treasury Department and through the Attorney General’s office. He finally succeeded in getting his case before the then Attorney General…

1Opinion of the CourtBooth, Judge

The plaintiff, Louis H. Eberlein, held the office of United States storekeeper in the customs service in and for the port of New York; he had been advanced to this position through two promotions. On May 9, 1910, the plaintiff was suspended from duty without pay, to take effect at the close of the above business day. The cause for his suspension was the preferment of certain charges wherein he was alleged to have been involved in the underweighing frauds perpetrated by certain customs officials against the United States. The charges made were extremely serious, both from a moral and legal…

2Cases cited1 opinion

  1. Keim v. United StatesSupreme Court of the United States · 1900

3Cited by10 opinions

  1. Bailey v. RichardsonCourt of Appeals for the D.C. Circuit · 1950
  2. Gadsden v. United StatesUnited States Court of Claims · 1948
  3. Culligan v. United StatesUnited States Court of Claims · 1946
  4. Ginn v. United StatesUnited States Court of Claims · 1948
  5. Brownell v. United StatesUnited States Court of Claims · 1964

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