361 F.2d 73 - Eminente v. Johnson — 361 F.2d 73

How this case has been cited

Cited by 9 later decisions — most recently April 2000

7 federal appellate · 1 district ·

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.

¶1Mr. George T. Altman, Beverly Hills, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Miss Lola Boswell, Washington, D. C., was on the brief, for appellant.

¶2Mr. Richard S. Salzman, Attorney, Department of Justice, for appellees. Asst. Atty. Gen. John W. Douglas, Messrs. David G. Bress, U. S. Atty., and Morton Hollander, Attorney, Department of Justice, were on the brief, for appellees.

¶3Before Fahy, Burger and Wright, Circuit Judges.

¶4PER CURIAM.

¶5The appeal is from dismissal of an action for damages and related injunctive relief, filed in the District Court by a non-resident alien against the United States without its consent with respect to a non-justiciable issue, namely, damage to property in a foreign country said to have been caused by the armed forces of the United States acting under authority of the Government of the United States.

¶6The order of the District Court dismissing the complaint accordingly is

¶7Affirmed.

¶8BURGER, Circuit Judge

¶9(concurring).

¶10Apart from other considerations, our recent holdings in Pauling v. McNamara, 118 U.S.App.D.C. 50, 331 F.2d 796 (1963), cert. denied, 377 U.S. 933, 84 S.Ct. 1336, 12 L.Ed.2d 297 (1964), and Pauling v. McElroy, 107 U.S.App.D.C. 372, 278 F.2d 252, cert. denied, 364 U.S. 835, 81 S.Ct. 61, 5 L.Ed.2d 60 (1960), are dispositive of this case.