. 335 (1918); Morrison _v._ Work, 266 U.S. 481
(1925); Minnesota _v._ United States, 305 U.S. 382 (1939); Mine Safety
Appliances Co. _v._ Forrestal, 326 U.S. 371 (1945). _See also_ Minnesota
_v._ Hitchcock, 185 U.S. 373 (1902). For a review of the cases dealing
with sovereign immunity _see_ Joseph D. Block, Suits Against Government
Officers and the Sovereign Immunity Doctrine, 59 Harv. L. Rev. 1060
(1946).
[439] Cunningham _v._ Macon & B.R. Co., 109 U.S. 446, 451 (1883), quoted
by Chief Justice Vinson in the opinion of the Court in Larson _v._
Domestic & Foreign Corp., 337 U.S. 682, 698 (1949).
[440] Larson _v._ Domestic & Foreign Corp., _supra_, 708. Justice
Frankfurter's dissent also contains a useful classification of immunity
cases and an appendix listing them.
[441] 330 U.S. 731, 735 (1947). The italics are added.
[442] 337 U.S. 682 (1949).
[443] Ibid. 689-697.
[444] Ibid. 701-702. This rule was applied in United States ex rel.
Goldberg _v._ Daniels, 231 U.S. 218 (1914), which also involved a sale
of government surplus property. After the Secretary of the Navy rejected
the highest bid, plaintiff sought mandamus to compel delivery. The suit
was held to be against the United States. _See also_ Perkins, Secretary
of Labor _v._ Lukens Steel Co., 310 U.S. 113 (1940), which held that
prospective bidders for contracts derive no enforceable rights against a
federal official for an alleged misinterpretation of his government's
authority on the ground that an agent is answerable only to his
principal for misconstruction of instructions, given for the sole
benefit of the principal. In the Larson Case the Court not only refused
to follow Goltra _v._ Weeks, 271 U.S. 536 (1926), but in effect
overruled it. The Goltra Case involved an attempt of the Government to
repossess barges which it had leased under a contract reserving the
right to repossess in certain circumstances. A suit to enjoin
repossession was held not to be a suit against the United States on the
ground that the actions were personal and in the nature of a trespass.
[445] 337 U.S. 682, 703-704. Justice Frankfurter, dissenting, would have
applied the rule of the Lee Case.
[446] Larson _v._ Domestic & Foreign Corp., 337 U.S. 682, 709-710
(1949).
[447] Oregon _v._ Hitchcock, 202 U.S. 60 (1906); Louisiana _v._ McAdoo,
224 U.S. 627 (1914); Wells _v._ Roper, 246 U.S. 335 (1918). _See also_
Belknap _v._ Schild, 161 U.S. 10 (1896); and International Pos
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