Schreiber v. United States

If we had the right to act in this case, I’ would agree with the conclusion of the majority. I do not think a right of action within the jurisdiction of the District Court is stated. We do not come to the Tucker Act until we first have a right of action against the Government for the vindication of which the sovereign has given its consent to be sued. Section 300 of Title 39 U.S.C.A. gives no such right of action against the United States. It simply provides that whenever it is shown to the satisfaction of the Postmaster General that any postage, among other things, is collected in excess of…