Cox

This is an action for damages for false imprisonment. Plaintiff was convicted of desertion by an Army -Court Martial on June 10, 1949, and this conviction was disapproved by a reviewing officer five days later. At no time subsequent was he retried by an Army Court Martial for desertion. Basically, the controversy resolves itself into three questions:

Section 1495 of Title 28 states: “The Court of Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States”.

*495 Section 2513 states:

Defendant contends that 28 U.S.C. § 1495 by its terms limits jurisdiction of the within action to the Court of Claims, while plaintiff contends that the District Court has concurrent jurisdiction.

Defendant’s argument ignores the fact that the purpose of the 1948 act Was merely to codify and revise Title 18 and not to make any substantive changes. The Reviser’s note under Section 2513 states that “Section- 729-732 of Title 18, U.S.C., 1940 ed., were consolidated and completely rewritten in order to clarify ambiguities which made the -statute unworkable as enacted originally”. It specifically states that the…