KIRK v. GOOD

No. 349.

13 F.Supp. 1020 (1929)

KIRK v. GOOD, Secretary of War, et al.

District Court, E. D. Missouri, S. E. D.

July 11, 1929.


Attorney(s) appearing for the Case

Rush H. Limbaugh, of Cape Girardeau, Mo., and Forrest C. Donnell and George F. Wise, both of St. Louis, Mo., for complainant.

Louis H. Breuer, U. S. Atty., of Rolla, Mo., John C. Dyott, of St. Louis, Mo., and Wm. D. Mitchell, Atty. Gen., for defendants.


DAVIS, District Judge.

Plaintiff's application for a temporary injunction, and defendants' motion to dismiss the bill, were submitted to the court at the same time. The motion to dismiss will be sustained for the following reasons:

First: The United States is not subject to be sued by a citizen except where it has granted consent, and there is no claim that such has been granted in this instance. Before such a suit may be maintained, it is incumbent upon the...

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