U.S. Court of Appeals for the D.C. Circuit, 1952

Moreno v. United States

Moreno v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided March 6, 1952 · Edgerton, Proctor, Bazelon
195 F.2d 208; 90 U.S. App. D.C. 264; 1952 U.S. App. LEXIS 2928 (Federal Reporter, Second Series)

Moreno v. United States

Opinion

PER CURIAM.

Appellant, a retired officer of the Army_ of the United States, died a compiaiiit fsr back pay, which the District Court dismissed. The court ruled that the claim was res judicata because of the judgment of the Court of Claims in Vicente Moreno v. United States, 93 F.Supp. 607, 118 Ct.Cl. 30. If the District Court had jurisdiction its action was correct for the reason it gave. If the District Court lacked jurisdiction by reason of 28 U.S.C. § 1346(d) which provides that “The district courts shall not 'have jurisdiction * * * of * * * (2) Any civil action to recover fees, salary, or compensation for official services of officers of the United States”, its action was correct for that reason. Cf. Almour v. Pace, 90 U.S.App.D.C. —, 193 F.2d 699. Since the question of jurisdiction does not affect the validity of the court’s action we need not decide it.

Affirmed.

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