Bleuer v. United States

WARING, District Judge.

This is a suit against the United States upon an alleged contract of employment. Plaintiff demanded a jury trial. Upon the call of the case, it appeared that this action was brought under authority of Title 28, U.S.C. § 1346 (2). This is what was formerly and commonly called the Tucker Act. It is well established that cases brought under the Tucker Act are triable before the Court without a jury. This matter, being brought to the attention of Plaintiff’s counsel, they acquiesced in this point of view and the cause was thereupon tried by the Court sitting alone.

The…