The May Department Stores Company v. Monroe Williamson, Sisters of St. Mary v. Donald A. Lerch and United States Postal Service

STEPHENSON, Circuit Judge.

These appeals challenge the immunity of the United States Postal Service (USPS) to garnishment procedures to effect judgments in state courts. In both cases the USPS filed a motion to quash summons to garnishee. On July 2, 1976, the district court1 sustained the motions of USPS, thereby holding that the USPS was immune to garnishment procedures to effect judgments in state courts. We reverse.

When Congress created the USPS, it gave the Postal Service the authority to sue and be sued in its official name. 39 U.S.C. § 401(1). The words “sue and be sued” in their normal…