Bruner v. United States, 343 U.S. 112 (1952)

Bruner v. United States


No. 391


Argued January 30, 1952
Decided March 2, 1952
343 U.S. 112

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

The Act of October 31, 1951, 65 Stat. 727, amending 28 U.S.C. § 1346 so as to withdraw the jurisdiction of federal district courts over actions against the United States to recover compensation for official services of "employees," applies to actions pending on the effective date of the amendment. Pp. 113-117.

(a) When a law conferring jurisdiction is repealed without any reservation of jurisdiction over pending cases, all pending cases fall with the law. Insurance Co. v. Ritchie, 5 Wall. 541. Pp. 115-117.

(b) A different result is not required by the provision of 1 U.S.C. § 109 that "repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute." P. 117.

189 F.2d 255, affirmed.

Petitioner’s action against the United States to recover compensation for official services was dismissed by the District Court. The Court of Appeals affirmed. 189 F.2d 255. This Court granted certiorari. 342 U.S. 858. Affirmed, p. 117.