Court of Claims, 1939

Moreno v. United States

Court of Claims · Decided January 9, 1939

88 Ct. Cl. 268; 1939 U.S. Ct. Cl. LEXIS 260; 1939 WL 4275

Counsel

Mr. J. F. Moreno per se. , Mr. Carl Eardley, with whom was Mr. Assistant Attorney General Sam E. Whitaker, for the defendant.

Opinion of the Court

*271MEMORANDUM

The defense interposed to the allowance of the claim herein, as stated in defendant’s brief, is “Did the act of 1928, amending 28 U. S. C. 598, impliedly repeal the clause in 28 U. S. C. 597, requiring a Court Commissioner to secure Court approval of additional per diems?” The court is of the opinion that it did, and that the decision of this court in Moreno v. United States, 70 C. Cls. 758, so decided.

The regulations of the Attorney General appearing in Finding 5, so far as they exact the approval of the court of per diem fees here involved, contravene the amendatory act of May 29, 1928 (45 Stat. 998), and an exaction of this nature is void and of no effect.

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