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Malone v. Bowdin, 369 U.S. 643 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Malone v. Bowdin, 369 U.S. 643 (1962)
Malone v. Bowdin No. 113 Argued March 20, 1962 Decided May 14, 1962 369 U.S. 643
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
By this common law action of ejectment, brought in a state court and removed to a Federal District Court, respondents sought to eject petitioner, a Forest Service Officer of the United States Department of Agriculture, from land occupied by him solely in his official capacity under a claim of title in the United States. There was no allegation that petitioner was acting beyond his authority, or that his occupation of the land amounted to an unconstitutional taking.
Held: the action was one against the United States, and, in the absence of consent by the United States, the District Court was without jurisdiction. Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682. Pp. 643-648.
284 F.2d 95 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Malone v. Bowdin, 369 U.S. 643 (1962) in 369 U.S. 643 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=5P535P2Z1WNFY23.
MLA: U.S. Supreme Court. "Syllabus." Malone v. Bowdin, 369 U.S. 643 (1962), in 369 U.S. 643, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5P535P2Z1WNFY23.
Harvard: U.S. Supreme Court, 'Syllabus' in Malone v. Bowdin, 369 U.S. 643 (1962). cited in 1962, 369 U.S. 643. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=5P535P2Z1WNFY23.
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