Legal Opinion

Byers v. United States

United States Court of Claims

Decided December 4, 1951No. 50100PublishedCited by 5 opinions

1Opinion of the Court

The facts sufficiently appear from the opinion of the court, per curiam, as follows:

This case is before us on defendant’s motion to dismiss plaintiff’s petition because it shows that plaintiff’s claim sounds in tort.

This suit is brought against the Bureau of Prisons, but we treat it as a suit against the United States. However, it is plain that the Court has no jurisdiction of the action even though it had been brought against the United States, because it clearly sounds in tort.

Plaintiff says that he had a claim against all or a part of a fund of $241,076.69, which he alleges was in the…

2Cases cited3 opinions

  1. Gibbons v. United StatesSupreme Court of the United States · 1869
  2. Hill v. United StatesSupreme Court of the United States · 1893
  3. Gibbons v. United StatesSupreme Court of the United States · 1871

3Cited by5 opinions

  1. BurtonUnited States Court of Claims · 1974
  2. ConlonUnited States Court of Claims · 1973
  3. HawkinsUnited States Court of Claims · 1973
  4. LoddyUnited States Court of Claims · 1973
  5. McQueenUnited States Court of Claims · 1974

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