CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


UNITED STATES V. HOPKINS, 427 U. S. 123 (1976)

Subscribe to Cases that cite 427 U. S. 123 RSS feed for this section

U.S. Supreme Court

United States v. Hopkins, 427 U.S. 123 (1976)

United States v. Hopkins

No. 75-246

Argued April 19-20, 1976

Decided June 24, 1976

427 U.S. 123

Syllabus

Asserting jurisdiction under the Tucker Act, which provides for suits in the Court of Claims upon any express or implied contract with military exchanges, respondent's decedent brought suit against the United States alleging that his discharge from his position as a civilian employee of the Army and Air Force Exchange Service (AAFES) breached an employment contract. The Government moved to dismiss for lack of jurisdiction, claiming that the Tucker Act was not applicable to employment contracts and alternatively that AAFES employees do not have a contractual relationship with their employer, but serve by "appointment." Denying this motion, the Court of Claims, after determining that AAFES employees could never serve by appointment, held that it had jurisdiction because respondent's decedent's relationship with the AAFES was based upon an implied contract of employment and such contract was covered by the Tucker Act, as amended in 1970.

Held: Since the Tucker Act applies, by its terms, to "any express or implied contract," it is applicable to employment contracts as well as those for goods or other services, and hence respondent's decedent's allegations that his discharge constituted a breach of an employment contract was sufficient, under the Act as amended in 1970, to withstand the Government's motion to dismiss. But in determining whether the decedent was employed by virtue of a contract or by appointment, the Court of Claims gave insufficient attention to applicable administrative regulations relating to the status of AAFES employees, and thus erred in its threshold determination that such employees could never serve by appointment.

206 Ct. l. 303, 513 F.2d 1360, affirmed in part and vacated and remanded in part. chanroblesvirtualawlibrary

Page 427 U. S. 124





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED