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United States v. Bergh, 352 U.S. 40 (1956)
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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.
United States v. Bergh, 352 U.S. 40 (1956)
United States v. Bergh No. 17 Argued October 15, 1956 Decided November 19, 1956 352 U.S. 40
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
In the absence of a valid employment agreement to the contrary, per diem employees of the Navy are not entitled, under the Joint Resolution of June 29, 1938, 5 U.S.C. § 86a, or the Joint Resolution of January 6, 1885, 23 Stat. 516, to an extra day’s compensation for each holiday worked during the year 1945. Pp. 40-48.
(a) This conclusion, and the conclusion that the 1885 Resolution was repealed in toto by the 1938 Resolution, are supported by the legislative history, by the contemporary administrative interpretation of the 1938 Resolution, and by the treatment accorded these Resolutions by the House Committee on the Revision of the Laws. Pp. 42-47.
(b) United States v. Kelly, 342 U.S. 193, distinguished. Pp. 47-48.
132 Ct.Cl. 564, 132 F.Supp. 462, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Bergh, 352 U.S. 40 (1956) in 352 U.S. 40 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=A6MWWUILNMU5IQY.
MLA: U.S. Supreme Court. "Syllabus." United States v. Bergh, 352 U.S. 40 (1956), in 352 U.S. 40, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A6MWWUILNMU5IQY.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Bergh, 352 U.S. 40 (1956). cited in 1956, 352 U.S. 40. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=A6MWWUILNMU5IQY.
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