Opinion

Jackson v. United States

  • 121 Ct. Cl. 405
  • 1952 U.S. Ct. Cl. LEXIS 151
  • 1952 WL 5984
Court
United States Court of Claims
Filed
Jan 8, 1952
Status
Published
Author
Jones
On the bench
Howell, Jones, Littleton, Madden, Whitaker
Cited by
11 cases
Authority
More cited than 12.6%

disallowing the government’s set off because the evidence established that the plaintiff had actually engaged in moonlighting while on active service

How later courts described this case

  • disallowing the government’s set off because the evidence established that the plaintiff had actually engaged in moonlighting while on active service

Written by the judges who cited it.

The opinion

Jones, Chief Judge,

dissenting:

I am unable to agree with the conclusion reached by the majority. Under the authority of Borak v. United States, 110 C. Cls. 236 , and Kaufman v. United States, 118 C. Cls. 91 , 93 F. Supp. 1019 , construing 28 U. S. C. 250 (2), Judicial Code § 145 (2), and 28 U. S. C. 265, Judicial Code § 159, defendant should be allowed to setoff against plaintiff’s claim any amount earned by outside employment during the'period involved.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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