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Schulz v The United States Peace Corps [1969] TTLawRp 61; 4 TTR 428 (3 November 1969)

4 TTR 428

FRED E. SCHULZ, and CAROL M. SCHULZ, Plaintiffs

v.
THE UNITED STATES PEACE CORPS, ROGER FLATHER, Director of Peace Corps Micronesia, and JIM BYRNE, Director of Peace Corps Palau, Defendants

Civil Action No. 440

Trial Division of the High Court

Palau District

November 3, 1969

Motion to dismiss by defendant agency of the United States. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, granted the motion holding that the High Court does not have jurisdiction over an agency of the United States nor over its officers in Micronesia.

United States-Suits Against

The High Court does not have jurisdiction over Peace Corps, an agency of the United States, nor over its officers in Micronesia.

TURNER, Associate Justice

The above-captioned matter being before the court on defendants' motion to dismiss on the grounds the court does not have jurisdiction over the defendant Peace Corps, an agency of the United States, nor over its officers in Micronesia who are named defendants; the motion having been before the court at its August sitting and defendants not being present nor represented to urge their motion, it was continued to the November sitting. At the call of the calendar, neither defendants or their representatives, nor the plaintiffs were present and the court having examined the defendants' points and authorities in support of the motion to dismiss, and it appearing this matter is governed by the principles set forth in Alig v. Trust Territory, 3 T.T.R. 603, which relate to suits against the United States; also see: Dugan v. Rank, [1963] USSC 64; 83 S.Ct. 999. State of Minnesota v. United States, [1939] USSC 13; 59 S.Ct. 292. Kawananakoa v. Polyblank, [1907] USSC 90; 27 S.Ct. 526, it is, therefore,

Ordered that the motion to dismiss with prejudice is granted and the above-entitled matter be and hereby is dismissed with prejudice.