U.S. Court of Appeals for the Sixth Circuit, 1954

United States v. Henry Houston, Janie Pearl Houston, and Mary Houston Williams

U.S. Court of Appeals for the Sixth Circuit · Decided October 12, 1954 · Allen, Martin, Per Curiam, Stewart

216 F.2d 440 (Federal Reporter, Second Series)

Counsel

Warren E. Burger, Washington, D. C., Fred Elledge, Jr., Nashville, Tenn. (Samuel D. Slade and Benjamin Forman, Washington, D. C., on the brief), for appellant., Frierson & Queener, W. A. Richardson and Thos. E. Humphrey, Jr., Columbia, Tenn., for appellee.

Cases that cite this one

13 later published cases cite this decision.

Mrs. Nancy Ellen Gilbert Acker v. United States (5th Cir. 1955)
Barefield v. Byrd (5th Cir. 1963)
Barefield v. Byrd (5th Cir. 1963)
Berger v. United States (District Court, S.D. New York 1959)
Vernelle Nichols Hummel Hall v. United States (4th Cir. 1958)
Madeline Wilkinson v. United States (2d Cir. 1957)
Allen v. United States (District Court, S.D. Illinois 1957)
Birdie B. Turner v. United States (8th Cir. 1956)
June A. Cyrus v. United States (1st Cir. 1955)
Declet v. Veterans Administration (District Court, D. Puerto Rico 1955)
Cyrus v. United States (District Court, D. Massachusetts 1955)
Ford v. United States (United States District Court for the Southern District of Georgia 1955)
Bishop v. United States (District Court, W.D. Missouri 1955)

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

PER CURIAM.

In this case the district court reviewed an award of indemnity made by the Administrator of Veterans’ Affairs under the Servicemen’s Indemnity Act of 1951, 38 U.S.C.A. § 851 et seq. The court entered a judgment directing the United States to pay the indemnity to specified parties and to pay a fee to the attorneys of the successful parties. It is evident from a careful examination of the relevant statutes that unlike the National Service Life Insurance Act, 38 U.S.C.A. § 817, a district court is withbut jurisdiction to review an award made by the Administrator of Veterans’ Affairs under the Servicemen’s Indemnity Act of 1951, 38 U.S.C.A. § lla-2. See Brewer v. United States, D.C.Tenn., 117 F.Supp. 842. Accordingly, the judgment of the district court is reversed with direction to dismiss the complaint.

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