DANNING v. UNITED STATES

No. 15568.

259 F.2d 305 (1958)

Sarah B. DANNING, Trustee in Bankruptcy of the estate of Samuel N. Sherman, dba Southern California College of Business, Bankrupt, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 28, 1958.


Attorney(s) appearing for the Case

Gendel & Raskoff, Los Angeles, Cal., for appellant.

George C. Doub, Asst. Atty. Gen., Hershel Shanks, Samuel D. Slade, William W. Ross, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for appellee.

Before STEPHENS, Chief Judge, and CHAMBERS and BARNES, Circuit Judges


BARNES, Circuit Judge.

This is a case where appellant urges that sovereign immunity is not in the case — only a question of whether the government consented to be sued by filing a claim in bankruptcy. But this is mere semantics, for if the government by its action "consented" to be sued, it had waived its sovereign immunity, even though its sovereignty was not in-paired.

There is but one question involved in this case. Does a court of bankruptcy have...

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