Legal Opinion · Dissent

Testan v. United States

United States Court of Claims

Decided July 19, 1974No. 128-72Published

1DissentSkeltoN, Judge

This court does not have jurisdiction nor authority to remand this case to the Civil Service Commission.

The Supreme Court held in clear and unequivocal language in United States v. King, 395 U.S. 1 (1969), that this court can only render judgments for money presently due, and cannot render declaratory judgments. We have not rendered a judgment for money in the present case. Consequently, we have neither the authority nor jurisdiction to issue any other kind of judgment or order in the case, except one of dismissal. Public Law No. 92-415, 86 Stat. 652, now a part of 28 U.S.C. § 1491 (1972),…

2Cases cited39 opinions

  1. United States v. KingSupreme Court of the United States · 1969
  2. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  3. McAuliffe v. Mayor and Board of AldermenMassachusetts Supreme Judicial Court · 1892
  4. Decatur v. PauldingSupreme Court of the United States · 1840
  5. Keim v. United StatesSupreme Court of the United States · 1900

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