Tort Claims: Hearings ... on H.R. 5373 and H.R. 6463 ... January 29, 1942 |
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COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES SEVENTY - SEVENTH CONGRESS HATTON W. SUMNERS , Texas , Chairman EMANUEL CELLER , New York U. S. GUYER , Kansas ZEBULON WEAVER , North Carolina CLARENCE E. HANCOCK , New York FRANCIS E.
COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES SEVENTY - SEVENTH CONGRESS HATTON W. SUMNERS , Texas , Chairman EMANUEL CELLER , New York U. S. GUYER , Kansas ZEBULON WEAVER , North Carolina CLARENCE E. HANCOCK , New York FRANCIS E.
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The CHAIRMAN . The committee will please come to order . Gentlemen , we have before us for consideration this morning two bills , H. R. 6463 and H. R. 5373 , the first containing proposed amendments to the second bill .
The CHAIRMAN . The committee will please come to order . Gentlemen , we have before us for consideration this morning two bills , H. R. 6463 and H. R. 5373 , the first containing proposed amendments to the second bill .
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The CHAIRMAN . Mr. Shea , I understand you are here to speak in explanation of these various amendments and you may proceed . STATEMENT OF ASSISTANT ATTORNEY GENERAL FRANCIS M. SHEA Mr. SHEA . Gentlemen , I think you all have before you ...
The CHAIRMAN . Mr. Shea , I understand you are here to speak in explanation of these various amendments and you may proceed . STATEMENT OF ASSISTANT ATTORNEY GENERAL FRANCIS M. SHEA Mr. SHEA . Gentlemen , I think you all have before you ...
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The CHAIRMAN . Has that been distributed ? Mr. SHEA . Yes , Mr. Chairman . Appendix II contains criticisms of the existing procedure of relief by private bill , culled from the statements of Congressmen who have given consideration to ...
The CHAIRMAN . Has that been distributed ? Mr. SHEA . Yes , Mr. Chairman . Appendix II contains criticisms of the existing procedure of relief by private bill , culled from the statements of Congressmen who have given consideration to ...
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The CHAIRMAN . Do you want to run through that or do you want to be interrupted when a member may want to ask some question ? Mr. SHEA . I would like to be interrupted , Mr. Chairman , at any point where I can be helpful .
The CHAIRMAN . Do you want to run through that or do you want to be interrupted when a member may want to ask some question ? Mr. SHEA . I would like to be interrupted , Mr. Chairman , at any point where I can be helpful .
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act or omission action activities administrative administrative adjustment agents amended amount apply approved Attorney authority award caused CHAIRMAN circuit courts claim arising claim bills claimant Claims Committee cognizable Commission committee compensation Congress consider consideration Constitution corporate costs course Court of Claims courts of appeals cover damage decisions determine disposition district courts employee employment exclusive exempted exercising existing favorably Federal agency filed final Government head House important independent establishment injury or death introduced involved judgment judicial June jurisdiction jury legislation liability limitation matter ment negligence O'HARA officers operations paid passed payment personal injury present bill procedure provision Public Law pursuant question reason recovered recovery regulation relief remedy repeal respect ROBSION rules scope Senate settle settlement SHEA sitting Stat statement statute suit Supreme Court tion tort claims United
Popular passages
Page 4 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Page 6 - If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Page 68 - January 1, 1945, on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee, of the Government...
Page 3 - That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Page 67 - Any attorney who charges, demands, receives, or collects for services rendered in connection with...
Page 5 - ... to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant.
Page 46 - It is as much the duty of Government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals.
Page 4 - Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer.
Page 2 - The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter.
Page 2 - ... on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred.