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D'ARCO v. UNITED STATES

No. 42-68.

441 F.2d 1173 (1971)

Anthony Joseph D'ARCO v. The UNITED STATES.

United States Court of Claims.

May 14, 1971.

Attorney(s) appearing for the Case

Fred W. Shields, Alexandria, Va., attorney of record, for plaintiff.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen., L. Patrick Gray III, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

OPINION

DAVIS, Judge.

This unusual case revisits Marbury v. Madison, 1 Cranch (5 U.S.) 137, 2 L.Ed. 60 (1803) — not the magisterial close of Chief Justice Marshall's opinion declaring the judiciary's power to hold legislation invalid for infringement of the Constitution, but the lesser-known opening section (on which the Chief Justice lavished many more words) establishing that William Marbury had been duly appointed by President John Adams a justice...

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