Emilio Eminente v. Lyndon Baines Johnson, 361 F.2d 73

Emilio Eminente v. Lyndon Baines Johnson

361 F.2d 73

| D.C. Cir. | 1966

Check Treatment

Lead Opinion

PER CURIAM.

The appeal is from dismissal of an action for damages and related injunctive relief, filed in the District Court by a non-resident alien against the United States without its consent with respect to a non-justiciable issue, namely, damage to property in a foreign country said to have been caused by the armed forces of the United States acting under authority of the Government of the United States.

The order of the District Court dismissing the complaint accordingly is

Affirmed.

Concurrence Opinion

BURGER, Circuit Judge

(concurring).

Apart from other considerations, our recent holdings in Pauling v. McNamara, 118 U.S.App.D.C. 50, 331 F.2d 796 (1963), cert. denied, 377 U.S. 933, 84 S.Ct. 1336, 12 L.Ed.2d 297 (1964), and Pauling v. McElroy, 107 U.S.App.D.C. 372, 278 F.2d 252, cert. denied, 364 U.S. 835, 81 S.Ct. 61, 5 L.Ed.2d 60 (1960), are dispositive of this case.