MALONE V. BOWDIN, 369 U. S. 643 (1962)

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U.S. Supreme Court

Malone v. Bowdin, 369 U.S. 643 (1962)

Malone v. Bowdin

No. 113

Argued March 20, 1962

Decided May 14, 1962

369 U.S. 643


By this common law action of ejectment, brought in a state court and removed to a Federal District Court, respondents sought to eject petitioner, a Forest Service Officer of the United States Department of Agriculture, from land occupied by him solely in his official capacity under a claim of title in the United States. There was no allegation that petitioner was acting beyond his authority, or that his occupation of the land amounted to an unconstitutional taking.

Held: the action was one against the United States, and, in the absence of consent by the United States, the District Court was without jurisdiction. Larson v. Domestic & Foreign Commerce Corp., 337 U. S. 682. Pp. 369 U. S. 643-648.

284 F.2d 95 reversed.

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