Opinion · Supreme Court of the United States

British-American Tobacco Co. v. United States

310 U.S. 627

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1940-05-06
Topic
general

How later courts describe this case

  • applying section 1500 where plaintiff sought tort damages in the district court and contract damages in the Court of Claims
  • seeking tort damages in the district court and contract damages in the Court of Claims
  • “claim” has no reference to the legal theories by which a claimant seeks to enforce his demand, but to the underlying facts
  • operative facts setting up liability in both tort and contract constitute same claims although theory of relief different
  • terminology of recovery theories does not obscure common identity of two claims

Citator

UpLaw has not yet analyzed British-American Tobacco Co. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
29 opinions

Petition for writ of cer-tiorari to the Court of Claims denied.