Bleuer v. United States, Civ. No. 2543.
| Decision Date | 21 December 1950 |
| Docket Number | Civ. No. 2543. |
| Citation | 117 F. Supp. 509 |
| Court | U.S. District Court — District of South Carolina |
| Parties | BLEUER v. UNITED STATES. |
Russell D. Miller, Asst. U. S. Atty., Florence, S. C., for the Government.
This is a suit against the United States upon an alleged contract of employment. Plaintiff demanded a jury trial. Upon the call of the case, it appeared that this action was brought under authority of Title 28, U.S.C. § 1346 (2). This is what was formerly and commonly called the Tucker Act. It is well established that cases brought under the Tucker Act are triable before the Court without a jury. This matter, being brought to the attention of Plaintiff's counsel, they acquiesced in this point of view and the cause was thereupon tried by the Court sitting alone.
The Plaintiff is a resident of Florence County, and the Defendant owned and operated a military establishment known as the United States Marine Corps Headquarters at Parris Island, South Carolina. All of these places are within the Eastern District of South Carolina and, therefore, within the jurisdiction of this Court.
The facts are as follows:
At the Parris Island Marine Corps establishment, there was an organization known as the Commissioned Officers' Mess which was organized in accordance with regulations promulgated by the United States Marine Corps. Sometime in August, 1946, the Plaintiff was employed on a temporary basis as manager of this Officers' Mess. His duties were to manage and supervise the purchase or requisition of goods and supplies, especially food and drink, and generally to operate and run a restaurant and recreation club or mess for officers of the Marine Corps. While temporarily employed, the Plaintiff drew a salary of $200 per month and in addition had board and lodging which he estimated to be worth $150 monthly. On or about November 15, 1946, the Board of Governors of this Commissioned Officers' Mess authorized the employment of the Plaintiff for a period of one year at a monthly salary of $350 cash, with board and lodging in addition, and the Plaintiff accepted and entered upon his duties. In April, 1947, the governing officials of the Mess dismissed the Plaintiff effective the end of April, and he was paid up to May 1, 1947, and his connection was then severed with the Marine Corps.
The Answer admitted the salient facts above set forth but denied that the contract of employment was ever approved by the Commanding Officer and alleged that the dismissal was caused by the inefficient and incompetent acts of Plaintiff in the management of the club. When the cause came on for trial, the Plaintiff offered in evidence (Exhibit 4) "letter of instruction, #949". This is a form of bulletin, published under authority of the Marine Corps, providing regulations for...
To continue reading
Request your trial
-
Holcombe v. United States
...v. South Post Officers Club, D.C.E.D.Va., 118 F.Supp. 40; Pulaski Cab Co. v. United States, Ct. Cl., 157 F.Supp. 955; Bleuer v. United States, D.C.E.D.S.C., 117 F.Supp. 509; Nimro v. Davis, 92 U.S.App.D.C. 293, 204 F.2d 734; cf. Brame v. Garner, 232 S.C. 157, 160, 101 S.E.2d 292. The term "......
-
Jaeger v. United States
...116 F.Supp. 873, 126 Ct. of Claims 902 (1953); Edelstein v. South Post Officers Club, 118 F.Supp. 40 (E.D.Va. 1951); Bleuer v. United States, 117 F. Supp. 509 (E.D.S.C.1950); Standard Oil Co. of California v. Johnson, 316 U.S. 481, 485, 62 S.Ct. 1168, 86 L.Ed. 1611 (1942) (dictum); compare ......
-
Pulaski Cab Company v. United States
...status of the Club, its immunity to suit, and the absence of responsibility of the United States." It was held in Bleuer v. United States, D.C., 117 F.Supp. 509, 510, that the United States was not liable on contract with a civilian employee of a Commissioned Officers' Open Mess, i. e., a m......
-
Aubrey v. United States, 14157.
...Standard Oil Co. v. Johnson, supra, 483-4; Edelstein v. South Post Officers Club, D.C.E.D.Va. 1951, 118 F.Supp. 40; Bleuer v. United States, D.C.E.D.S.C.1950, 117 F.Supp. 509. The close relationship between such nonappropriated fund instrumentalities as officers' messes and the military est......