William O. Douglas

William O. Douglas

Summary

Portrait of William O. Douglas William O. Douglas Malone v. Bowdoin — Dissent

But the general statute permitting suit in the Court of Claims in certain instances against the Government is not a statute that provides that remedies otherwise at the plaintiff's command are to be displaced. A holding that the availability of an action for monetary damages in the Court of Claims against the United States prevents a suit at law, or, if the necessary requisites for equity jurisdiction are present, in equity, against the governmental agent, would be as novel as it is indefensible in the light of the settled course of decisions.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Malone v. Bowdoin — Dissent

As I said in my separate concurrence in that case, any other rule would 'clog' government procurement 'with intolerable burdens.' 337 U.S., at 705, 69 S.Ct., at 1469.
Ejectment, on the other hand, is the classic form of action to try title. It takes place in the locality where the land is located. No judges are better qualified to try it than the local judges. It is a convenient and ready form of remedy for possession of land. Moreover, the United States, not being a party, is not bound by the state court decree.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Malone v. Bowdoin — Dissent

Supposing the powers of the Fleet Corporation to have been given to a single man we doubt if anyone would contend that the acts of Congress and the delegations of authority from the President left him any less liable than other grantees of the power of eminent domain to be called upon to defend himself in court. An instrumentality of Government he might be and for the greatest ends, but the agent, because he is agent, does not cease to be answerable for his acts.' Sloan Shipyards v.
Source: Wikisource

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