Edelstein v. South Post Officers Club, Civ. A. No. 567.
| Decision Date | 25 April 1951 |
| Docket Number | Civ. A. No. 567. |
| Citation | 118 F. Supp. 40 |
| Parties | EDELSTEIN v. SOUTH POST OFFICERS CLUB. |
| Court | U.S. District Court — Eastern District of Virginia |
George M. Giammittorio, Alexandria, for plaintiff.
George R. Humrickhouse, U. S. Atty. for defendant.
This action must be dismissed as a suit against an agency of the United States to which the United States has not consented.The South Post Officers Club is an instrumentality of the Government, formed as a necessary adjunct to, and an integral part of, the Military Establishment of the United States under the direction of the Secretary of War, now the Secretary of the Army, with Congressional authorization.It is wholly owned by the United States.Standard Oil Co. v. Johnson, 316 U.S. 481, 62 S.Ct. 1168, 86 L.Ed. 1611;Army RegulationsNo. 210-50andNo. 210-60.The United States has not waived its sovereign immunity, of which its agency partakes, as to contract obligations of the Club.
Even if the complaint were amended to name the United States as defendant, under Title 28, § 1346, United States Code, the action could not be maintained, because contracts made by the Club are not obligations...
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17 cases
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Holcombe v. United States
...Standard Oil Co. of California v. Johnson, supra; Borden v. United States, Ct. Cl., 116 F.Supp. 873; Edelstein 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 ......
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Bowen v. Culotta
...(4th Cir. 1960); United States v. Forfari, supra; Nimro v. Davis, 92 U. S.App.D.C. 293, 204 F.2d 734 (1953); Edelstein v. South Post Officers Club, 118 F.Supp. 40 (E.D.Va.1951). Non-appropriated fund activities of the government "share in fulfilling the duties entrusted to it and partake of......
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Jaeger v. United States
...955, 141 Ct. of Claims 160 (1958); Borden 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,......
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State ex rel. C. P. O. Mess (Open), U.S. Naval Station, Key West v. Green, 33838
...of the United States. Standard Oil Co. of California v. Johnson, 316 U.S. 481, 62 S.Ct. 1168, 86 L.Ed. 1611; Edelstein v. South Post Officers Club, D.C., 118 F.Supp. 40; Alred v. Camp Irwin Non-Commissioned Officers' Open Mess, 156 Cal.App.2d 571, 319 P.2d 654; Maynard & Child, Inc., v. She......
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