U.S. Court of Appeals for the Fifth Circuit, 1946

Randolph v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided November 15, 1946

158 F.2d 787; 1946 U.S. App. LEXIS 2462 (Federal Reporter, Second Series)

Counsel

Paul Strong, of Houston, Tex., for appellant., Searcy L. Johnson, Sp. Asst. to Atty. Gen., and Brian S. Odem, U. S. Atty., and Newton M. Crain, Jr., Asst. U. S. Atty., both of Houston, Tex., for appellee.

Cases that cite this one

6 later published cases cite this decision.

Miller v. United States (District Court, N.D. Texas 1955)
Fore v. McDonough (District Court, E.D. New York 2024)
Jones v. United States (District Court, E.D. New York 1960)
William J. Powers, Jr. v. United States (7th Cir. 1955)
Almour v. Pace, Secretary of the Army (D.C. Cir. 1951)
Darr v. Mutual Life Ins. Co. (2d Cir. 1948)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant suing under the Tucker Act, 28 U.S.C.A. § 41(20), to récover disability retirement pay, claimed to be due him as a Lieutenant Colonel in the Army under Section 456, Title 10 U.S.C.A., was met by a motion to dismiss for want of jurisdiction.

The District Judge sustained the motion, and, on the authority of United States v. Beaman, 5 Cir., 61 F.2d 493, Morgan v. United States, 5 Cir., 115 F.2d 426, and Smith v. United States, 4 Cir., 57 F.2d 998, dismissed the cause.

Appellant is here claiming that Dismuke v. United States, 297 U.S. 167, 56 S.Ct. 400, 80 L.Ed. 561, is to the contrary. We do not think so. The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.