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200 F.2d 334

Docket No. 71, Docket 22465.

Reeber v. Rossell

Second Circuit Court of Appeals

Argued Nov. 12, 1952.

Decided Dec. 3, 1952.

Second Circuit Court of Appeals · decided 1952-12-03

2 counsel of record

Key passage — most relied on by later courts

““Since the members of the United States Civil Service Commission have not been made parties to this action, the court was without jurisdiction to pass on the merits of the plaintiff’s claim. Blackmar v. Guerre, 342 U.S. 512 , 72 S.Ct. 410 [ 96 L.Ed. 534 ]. The Blackmar decision apparently was not called to the attention of the court below, and only the merits were dealt with by Judge McGohey in his opinion dismissing the complaint, 106 F.Supp. 373 . But in our view the reasoning of the Supreme Court in Blackmar v. Guerre, supra, evidently required a dismissal for lack of jurisdiction.””

quoted by 1 later decision, including Payne v. McKee

Relies on Blackmar v. Guerre · Reeber v. Rossell

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-12-03

How this case has been cited

Cited by 19 later decisions — most recently August 1985

10 federal appellate · 1 state decisions

1301952196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Rogge, Fabricant & Gordon and Murray Gordon, New York City, attorneys and counsel for plaintiff-appellant.

¶2Myles J. Lane, U. S. Atty., Richard P. Donovan, Asst. U. S. Atty., Thomas V. O’Keefe and Terence J. McDonnell, Attorneys; Veterans Administration, New York City, for defendants-appellees.

¶3Before AUGUSTUS N. HAND, and CHASE and CLARK, Circuit Judges.

¶4PER CURIAM.

¶5Since the members of the United States Civil Service Commission have not been made parties to this action, the court was without jurisdiction to pass on the merits of the plaintiff’s claim. Blackmar v. Guerre, 342 U.S. 512, 72 S.Ct. 410. The Blackmar decision apparently was not called to the attention of the court below, and only the merits were dealt with by Judge McGohey in his opinion dismissing the complaint, 106 F.Supp. 373. But in our view the reasoning of the Supreme Court in Blackmar v. Guerre, supra, evidently required a dismissal for lack of jurisdiction.

¶6Accordingly the judgment of the district court' should be modified by directing the dismissal of the complaint for lack of jurisdiction and as so modified is affirmed.

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