Carriso, Inc. v. United States

Appellant, Carriso, Incorporated, brought this action - against appellee, the United States, under § 24(20) of the Judicial Code, 28 U.S.C.A. § 41 (20), 1 which provides that the district courts shall have original jurisdiction, concurrent with the *709 Court of Claims, “of all claims not exceeding $10,000 founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable.”

Appellee demurred 2 to the complaint 3 on the ground that it “fails to state facts sufficient to confer jurisdiction upon [the District Court].” The court sustained the demurrer and dismissed the complaint. From the judgment of dismissal, this appeal is prosecuted.

The complaint states that appellant was at all pertinent times the operating owner of vessels which, as required by statutes of the United States, were entered…