Court of Claims· 1/5/1954

Clapp v. United States

Citations

117 F. Supp. 576
127 Ct. Cl. 505

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that “a claim to recover an illegal exaction made by officials of the Government, which exaction is based upon a power supposedly conferred by a statute, is a claim founded upon any Act of Congress”
declining to consider the wrongful exaction of money under the Shipping Act a tort
finding jurisdiction over plaintiffs illegal exaction claim to recover $7,500 paid to the Maritime Administration as a condition for approving the sale of plaintiffs vessel
Shipping Act did not authorize the Government to condition sale on the payment of a fee because, if the provision were read to permit such a condition, “[t]aken literally that section would permit the Administration to impose any condition whatever, however irrelevant”
“Tucker Act claims may be made for recovery of monies that the government has required to be paid contrary to law.”
“In the discussion of the question of jurisdiction, we assume that there was no legal authority in the Maritime Administration to demand or receive the $7,500.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Littleton, Whitaker, Madden

Read full opinion on CourtListener

Cited by

148 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases named Clapp v. United States

7 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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