Legal Opinion

Thomason v. United States

District Court, N.D. California

Decided October 22, 1948No. 27711PublishedCited by 4 opinions

1Opinion of the Court

GOODMAN, District Judge.

The United States has moved to dismiss plaintiffs’ complaint (under the Tucker Act, 28 U.S.C.A. § 41(20) [now § 1346]) for the recovery of wages and bonus alleged to be due plaintiffs as seamen pursuant to an employment contract. The employment contract is attached to the complaint. Its provisions were breached, plaintiffs allege, in that the United States failed to pay plaintiffs wages and bonuses fixed by the terms of the contract for services in the war zones during the late war. The United States contends that the cause does not lie under the Tucker Act, on the…

2Cases cited15 opinions

  1. United States v. GermaineSupreme Court of the United States · 1879
  2. American Stevedores, Inc. v. PorelloSupreme Court of the United States · 1947
  3. Canadian Aviator, Ltd. v. United StatesSupreme Court of the United States · 1945
  4. United States v. MouatSupreme Court of the United States · 1888
  5. Burnap v. United StatesSupreme Court of the United States · 1920

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3Cited by4 opinions

  1. Allison v. United StatesUnited States Court of Claims · 1971
  2. Chambers v. United StatesUnited States Court of Claims · 1971
  3. Hopkins v. United StatesUnited States Court of Claims · 1975
  4. Testan v. United StatesUnited States Court of Claims · 1974

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