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128 Ct. Cl. 767

Burkholder

United States Court of Claims

Decided April 6, 1954

United States Court of Claims · decided 1954-04-06

Cited by 5 later decisions — most recently November 1981

Relies on Birch Securities Co. v. California

Good law ✅— No negative treatment on recordhow we know

Decided 1954-04-06

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¶1Where the basis of the plaintiff’s suit against" the United States is not stated in the .petition and the defendant moves to dismiss for lack of jurisdiction, defendant’s motion is granted and the petition dismissed in an opinion per curiam, ás.follows:

¶2Plaintiff sues “to recover damages for injuries' sustained” to his nervous system from'“direct enemy action” while employed on board the SS. Clyde Austin Dunning during World War II.

¶3Defendant moves to dismiss for lack of

¶4jurisdiction.

¶5The motion must be granted. ” The basis of plaintiff’s spit iS not stated. From the amount claimed- it may be -plaintiff is claiming under, a war risk insurance policy. If so, the district .'court has exclusive jurisdiction, Levine v. United States, 112 C. Cls. 187, cert. den. 336 U. S. 936. Or it may be plaintiff is suing in -.tort.. If. so, we have no original jurisdiction.

¶6At.any rate, no. facts are alleged to show jurisdiction:in this court. Plaintiff’s suit is. accordingly, dismissed.. \

¶7It is so ordered.

¶8In this case plaintiff’s, petition for writ of certiorari, was denied by the Supreme Court May 24, 1954; 37 U. S. 977.

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