Potter Stewart

“ This litigation began in a Georgia court when the respondents filed a common law action of ejectment against the petitioner, a Forest Service Officer of the United States Department of Agriculture. [1] The basis for the suit was the respondents' claim that they were the rightful owners of certain land occupied by the petitioner. [2] The action was removed to a Federal District Court under the provisions of 28 U.S.C. § 1442 (a) , 28 U.S.C.A. § 1442 (a) . ”

“ Since the plaintiff had not made an affirmative allegation of any relevant statutory limitation upon the Administrator's powers, and had made no claim that the Administrator's action amounted to an unconstitutional taking, the Court ruled that the suit must fail as an effort to enjoin the United States. ”

“ Unlike the situation in the Lee case, there has been at all relevant times a tribunal where the respondents could seek just compensation for the taking of their land by the United States. That tribunal is the Court of Claims. United States v. Causby, 328 U.S. 256, 267, 66 S.Ct. 1062, 1064, 90 L.Ed. 1206.↑ If such a claim is to be made, 'it is necessary that the plaintiff set out in his complaint the statutory limitation on which he relies.' Larson v. ”