Supreme Court of the United States
Blackmar v. Guerre, Regional Manager, Veterans’ Administration
March 3, 1952342 U.S. 512
Summary
The Supreme Court affirmed the district court’s dismissal, holding that the United States Civil Service Commission is not a corporate entity that may be sued eo nomine and that its members were not properly served, depriving the court of jurisdiction. Consequently, venue in the Eastern District of Louisiana was improper because no proper defendant was before the court.
Holding
- Whether the United States Civil Service Commission may be sued as a corporate entity (eo nomine).. The Commission is not a corporate entity authorized by Congress to be sued; only its individual commissioners may be sued.
- Whether service on the Commission through its officers satisfies the jurisdictional requirement for suit.. Service on the Commission’s officers does not confer jurisdiction because the Commission itself is not a suable entity and its members were not served.
- Whether venue in the Eastern District of Louisiana is proper when the Commission’s members have not been served.. Venue in Louisiana is improper because no proper defendant (the individual commissioners) was before the court; the only proper venue is where the commissioners can be served, i.e., the District of Columbia.
Docket 361
Cited authorities
- 5 U.S.C. § 1001
- 53 Stat. 1147
- 54 Stat. 767
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