GENERAL ELEC. CREDIT CORP. v. SMITH

Nos. 77-1037, 77-1240.

565 F.2d 291 (1977)

GENERAL ELECTRIC CREDIT CORPORATION, Appellant, v. William F. SMITH and United States Postal Service, Appellees. UNITED VIRGINIA BANK/NATIONAL, Appellee, v. UNITED STATES POSTAL SERVICE, Appellant, and Howard E. Eaves, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 23, 1977.


Attorney(s) appearing for the Case

David G. Fiske, Crofton, Md. (Thomas & Sewell, Alexandria, Va., on brief), for appellant in 77-1037.

Harry R. Silver, Atty., Dept. of Justice, Civ. Div., Appellate Section, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., William B. Cummings, U. S. Atty., Alexandria, Va., Leonard Schaitman, Atty., Dept. of Justice, Civil Div., Appellate Section, Washington D. C., on brief), for appellee in 77-1037 and for appellant in 77-1240.

Richard E. Henning, Jr. (Rust, Rust & Pratt, Fairfax, Va., Harold L. Wagman, Skokie, Ill., on brief), for appellee in 77-1240.

Before RUSSELL, WIDENER and HALL, Circuit Judges.


PER CURIAM:

Both of these appeals present the same, exact issue: Is the United States Postal Service immune from garnishment procedures? We find the answer obvious in the statute creating the Postal Service.1 Congress expressly provided in the Service's authorizing statute that the Service could "sue and be sued." There was no qualification upon the Service's amenability to process stated in the statute, as is the case in connection with...

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