Kaufman v. United States

LAWS, Justice.

Suit is filed in this case under Act of March 3, 1887, and amendments thereto, commonly known as the “Tucker Act”, 28 U.S.C.A. § 41(20). Plaintiff is a resident of New York. Defendant, the United States of America, has filed a motion to dismiss the complaint maintaining that under the Tucker Act suit must be filed “in the District where plaintiff resides.” Counsel for plaintiff concedes the motion will have to be granted, unless the defendant has waived the right to raise the question of jurisdiction. He claims that two stipulations between counsel for plaintiff and the United…