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Archie Peltzman v. Admiral Willard J. Smith, Commandant of the United States Coast Guard

Archie PELTZMAN, Plaintiff-Appellant, v. Admiral Willard J. SMITH, Commandant of the United States Coast Guard, Defendant-Appellee

Peltzman v. Admiral Willard J. Smith, Commandant of the United States Coast Guard, 404 F.2d 335 (2d Cir. 1968)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
December 11, 1968
Docket
Nos. 121, Docket 32407
Judges
Medina, Waterman, Levet
Citations
404 F.2d 3351968 U.S. App. LEXIS 4517

Opinion — Per Curiam

PER CURIAM:

Plaintiff, a merchant seaman and onetime radio operator, appeals from the dismissal for lack of subject matter jurisdiction of his suit which was originally to declare unconstitutional the Coast Guard regulations governing the issuance of radio operators’ licenses on merchant marine vessels, promulgated pursuant to 46 U.S.C. Section 229 , to direct the issuance of a license and for other relief.

*336 Upon stipulation of the parties, plaintiff resubmitted his license application and the license has now been granted. Thus the principal charge became moot. The remaining, belatedly asserted, claim seeking damages for the alleged wrongful withholding of the license for 18 years was properly dismissed as the Government has given no consent to be sued on such a claim. See 28 U.S.C. Section 2680 (a). Viewed as a personal claim against the Commandant the latter is immune from suit based upon the exercise of a discretionary duty. Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959). Moreover, we think Judge Ryan did not abuse his discretion in refusing to transfer this suit to the Court of Claims, see 28 U.S.C. Section 1406 (c), or to award costs to plaintiff.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 11974: 11977: 21980: 11982: 11988: 11998: 119712026peak 1977 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Barr v. Matteo, 360 U.S. 564 (1959) 1,117

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