Blackmar v. Guerre, 342 U.S. 512 (1952)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Petitioner was discharged from his position in the Regional Office of the Veterans’ Administration in New Orleans, and this action was sustained by the Civil Service Commission in Washington. He brought suit in a federal district court in Louisiana against the Manager of the Regional Office and the Civil Service Commission (eo nomine) to have these actions set aside.

Held: the suit was properly dismissed. Pp. 513-516.

1. Defendants’ challenges to the venue and jurisdiction of the district court were properly presented by motion and answer. Fed.Rules Civ.Proc. 12(b). P. 514.

2. Congress has not constituted the Civil Service Commission a body corporate or authorized it to be sued eo nomine. Pp. 514-516.

(a) The present suit against the Commission eo nomine is not authorized by the Hatch Act, 5 U.S.C. § 118k(c). Pp. 514-515.

(b) Nor was this suit authorized by the Administrative Procedure Act, 5 U.S.C. § 1009, which provides for review of agency action only in a court of "competent jurisdiction." The courts of the District of Columbia are the only courts of "competent jurisdiction" to reach the members of the Civil Service Commission. Pp. 515-516.

3. The only defendant before the court was the Regional Director, and it is obvious that no relief could be granted against him in this suit. Pp. 515-516.

190 F.2d 427, affirmed.