UNITED STATES V. PFITSCH, 256 U. S. 547 (1921)

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U.S. Supreme Court

United States v. Pfitsch, 256 U.S. 547 (1921)

United States v. Pfitsch

No. 246

Argued March 22, 1921

Restored to docket for reargument on question

of jurisdiction April 11, 1921

Reargued April 25, 1921

Decided June 1, 1921

256 U.S. 547


Section 10 of the Lever Act (August 10, 1917, c. 53, 40 Stat. 276, 279), providing that any person dissatisfied with the President's award for supplies requisitioned under that section shall receive 75% of the award and may sue the United States for the balance claimed, confers jurisdiction on the district court "to hear and determine all such controversies," while other sections of the act providing for requisition

Page 256 U. S. 548

and award in respect of other classes of property, entitle persons dissatisfied to sue the United States "in the manner provided by 24, par. 20, and § 145 of the Judicial Code," which confer concurrent jurisdiction on the district court and the Court of Claims to adjudicate claims against the United States. Held, referring to the legislative history of the act and to other acts in pari materia, that the jurisdiction under § 10 is conferred exclusively on the district court as part of their ordinary jurisdiction over actions at law for money, of which the right to trial by jury is an incident, and that a judgment rendered under that section is therefore not reviewable in this Court by direct writ of error. P. 256 U. S. 550.

Writ of error dismissed.

Error to review a judgment of the district court in an action under § 10 of the Lever Act. The facts are stated in the opinion.

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