J. RAYMOND MCCARL, COMPTROLLER GENERAL OF THE UNITED STATES, ET AL.

v.

JOHN F. COX

Citator

Cited By

• Salveson v. W. States Bankcard Ass'n, 731 F.2d 1423 (9th Cir. 1984)
  …credit unions, were never served. Our circuit rule is that a party not served need not be joined; the defendants summonsed can remove by themselves. See Community Bldg. Co. v. Maryland Casualty Co., 8 F. 2d 678 (9th [*1430] Cir.1925), cert. denied, 270 U.S. 652, 46 S.Ct. 351, 70 L.Ed. 782 (1926). Plaintiffs also claim prejudice and surprise by the district court’s decision to treat defendants’ Fed.R.Civ.P. 12(b)(6) motion as one for summary judgment. In the context of the history of the case and the argum…
• Nu-Way Sys. OF Indianapolis, Inc. v. Belmont Mktg., Inc., 635 F.2d 617 (7th Cir. 1980)
  …as lacking. It has long been settled that “defendants over whom the court has not acquired jurisdiction may be disregarded in removal proceedings.” Cummunity Building Co. v. Maryland Casualty Co., 8 F. 2d 678, 679 (9th Cir. 1925), certiorari denied, 270 U.S. 652, 46 S.Ct. 351, 70 L.Ed. 782. Since Service was never properly a party to this suit and diversity therefore in fact was always complete as to Nu-Way and Belmont, the district court properly denied Nu-Way’s motion to remand. Order affirmed.3 . Belmo…
• McCARL v. Pence, 18 F.2d 809 (D.C. Cir. 1927)
  …ried out.” We think that all of the points raised by appellants, except the fourth point, have been denied by the rulings of this court, in McCarl, Comptroller General, v. Cox, 56 App. D. C. 27, 8 F.(2d) 669, certiorari denied by the Supreme Court, 270 U. S. 652, 46 S. Ct. 351, 70 L. Ed. 782. In that case it was held that the Comptroller General of the United States may not deduct from the salary of a naval officer a sum found by him to be due to the United States because of the alleged overpayment of allow…