The May Dep't Stores Co. v. James Edward Smith, Vets. Admin., Garnishee. The May Dep't Stores Co. v. Mable M. Walton, Vets. Admin., Garnishee, 572 F.2d 1275 (8th Cir. 1978). · Go Syfert
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The May Dep't Stores Co. v. James Edward Smith, Vets. Admin., Garnishee. The May Dep't Stores Co. v. Mable M. Walton, Vets. Admin., Garnishee, 572 F.2d 1275 (8th Cir. 1978). Cases Citing This Book View Copy Cite
36 citation events (3 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Walker Bennett Monroe (ca9, 1991-08-21)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Walker Bennett Monroe
9th Cir. · 1991 · confidence medium
In re Adams, 761 F.2d 1422, 1426 (9th Cir.1987); May Department Stores Co. v. Smith, 572 F.2d 1275, 1278 (8th Cir.) (per curiam), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) United States of America, Appellee/cross v. Ricky Russell, Appellant/cross United States of America, Appellee/cross v. Charles Moore, Appellant/cross United States of America v. Willie Walker, United States of America, Appellee/cross v. Gilbert Stumpe, Appellant/cross United States of America v. Anthony Taylor
8th Cir. · 1990 · confidence medium
See United States v. Ofchinick, 877 F.2d 251 , 257 n. 9 (3d Cir.1989) (proposed clarifying amendment to Sentencing Guideline Sec. 4A1.1(e)); May Department Stores Co. v. Smith, 572 F.2d 1275, 1277-78 (8th Cir.) (subsequent clarifying amendment of jurisdictional provision of Veterans Administration Act), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978). 45 The majority opinion construed "organized criminal activity" in the existing guideline as not limited to vehicles or vehicle parts.
discussed Cited as authority (rule) United States v. Russell
8th Cir. · 1990 · confidence medium
See United States v. Ofchinick, 877 F.2d 251 , 257 n. 9 (3d Cir.1989) (proposed clarifying amendment to Sentencing Guideline § 4Al.l(e)); May Department Stores Co. v. Smith, 572 F.2d 1275, 1277-78 (8th Cir.) (subsequent clarifying amendment of jurisdictional provision of Veterans Administration Act), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) Parker v. Veterans Administration
Tex. App. · 1990 · confidence medium
May Department Stores Co. v. Smith, 572 F.2d 1275, 1277 (8th Cir.1978), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978); DePaul Community Health Center v. Campbell, 445 F.Supp. 484 (E.D.Mo.1977).
discussed Cited as authority (rule) State Farm Mutual Automobile Insurance v. Fielder
11th Cir. · 1986 · confidence medium
In support of the proposition that subsequent legislative history can assist in interpreting an earlier statute, the Ninth Circuit cites May Department Stores Co. v. Smith, 572 F.2d 1275, 1278 (8th Cir.) (per curiam) cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978), where the Eighth Circuit held that the legislative history of an amendment, though not controlling, is nonetheless entitled to substantial weight in construing the earlier law.
discussed Cited as authority (rule) 15 Collier bankr.cas.2d 569, Bankr. L. Rep. P 71,479 in Re Larry Wayne Fielder, Debtor. State Farm Mutual Automobile Insurance Company v. Larry Wayne Fielder
11th Cir. · 1986 · confidence medium
In support of the proposition that subsequent legislative history can assist in interpreting an earlier statute, the Ninth Circuit cites May Department Stores Co. v. Smith, 572 F.2d 1275, 1278 (8th Cir.) (per curiam) cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978), where the Eighth Circuit held that the legislative history of an amendment, though not controlling, is nonetheless entitled to substantial weight in construing the earlier law.
discussed Cited as authority (rule) United States of America v. J.B. Stringfellow, Jr., Concerned Neighbors in Action and Penny Newman, Intervenors-Appellants
9th Cir. · 1986 · confidence medium
CNA further contends that we should interpret the 1984 amended citizen suit provision consistently with evident Congressional intent, rather than according to its literal terms, see Barnes v. Donovan, 720 F.2d 1111, 1113-14 (9th Cir.1983); Heppner v. Alyeska Pipeline Service Co., 665 F.2d 868, 872 (9th Cir.1981); United States v. Babcock, 530 F.2d 1051, 1053 (D.C.Cir.1976), and that that intent clarifies the law existing at the time this suit was commenced, see May Department Stores Co. v. Smith, 572 F.2d 1275, 1278 (8th Cir.) (per curiam ), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.…
cited Cited as authority (rule) Gary v. United States
D.C. · 1985 · confidence medium
Stores Co. v. Smith, 572 F.2d 1275, 1277, 1278 (8th Cir.1978).
discussed Cited as authority (rule) Roland W. Ramsdell v. G. H. Coffey Company, Inc., a Vermont Corporation, and United States of America, Trustees
1st Cir. · 1980 · confidence medium
Ordinarily, sovereign immunity bars attachment and garnishment of government funds, e. g., Buchanan v. Alexander, 45 U.S. (4 How.) 20 , 11 L.Ed. 857 (1846); May Department Stores Co. v. Smith, 572 F.2d 1275, 1276-77 (8th Cir.), cert. denied sub nom.
discussed Cited "see" American Heritage Bancorp v. United States
Fed. Cl. · 2002 · signal: see · confidence high
See May Department Stores Co. v. Walton, 572 F.2d 1275, 1278 (8th Cir.1978) (“[A] subsequent amendment and its legislative history, although not controlling, is nonetheless entitled to substantial weight in construing the earlier law.”); see also Stone v. Immigration and Naturalization Serv., 514 U.S. 386, 397 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995) (“When Congress acts to amend a statute, we presume it intends its amendment to have real and substantial effect.”).
discussed Cited "see" In Re Robert Stephen Adams, Debtor. Betty Hilda Ida Koepke Moraes v. Robert Stephen Adams, Robert Stephen Adams
9th Cir. · 1985 · signal: see · confidence high
See May Department Stores Co. v. Smith, 572 F.2d 1275, 1278 (8th Cir.) (per curiam) cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978) (subsequent amendment and its legislative history, though not controlling, is nonetheless entitled to substantial weight in construing the earlier law).
discussed Cited "see, e.g." East Columbia Basin Irrigation District v. Federal Energy Regulatory Commission
D.C. Cir. · 1991 · signal: see also · confidence low
See also May Dep't Stores Co. v. Smith, 572 F.2d 1275 , 1277-1278 (8th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978); Russ v. Wilkins, 624 F.2d 914, 924-925 (9th Cir.1980), cert. denied, 451 U.S. 908 , 101 S.Ct.1976, 68 L.Ed.2d 296 (1981) 75 S.Rep.
discussed Cited "see, e.g." East Columbia Basin Irrigation District v. Federal Energy Regulatory Commission
D.C. Cir. · 1991 · signal: see also · confidence low
See also May Dep’t Stores Co. v. Smith, 572 F.2d 1275 , 1277-1278 (8th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 122 , 58 L.Ed.2d 134 (1978); Russ v. Wilkins, 624 F.2d 914, 924-925 (9th Cir.1980), ce rt. denied, 451 U.S. 908 , 101 S.Ct. 1976 , 68 L.Ed.2d 296 (1981). .
Retrieving the full opinion text from the archive…
The May Department Stores Company
v.
James Edward Smith, Veterans Administration, Garnishee. The May Department Stores Company v. Mable M. Walton, Veterans Administration, Garnishee
77-1848.
Court of Appeals for the Eighth Circuit.
Apr 26, 1978.
572 F.2d 1275
Cited by 1 opinion  |  Published

572 F.2d 1275

The MAY DEPARTMENT STORES COMPANY, Appellant,
v.
James Edward SMITH, Appellee,
Veterans Administration, Garnishee.
The MAY DEPARTMENT STORES COMPANY, Appellant,
v.
Mable M. WALTON, Appellee,
Veterans Administration, Garnishee.

Nos. 77-1848, 77-1849.

United States Court of Appeals,
Eighth Circuit.

Submitted March 23, 1978.
Decided March 31, 1978.
Rehearing Denied April 26, 1978.

M. Lee Gerdelman and Charles Clayton, Clayton & Karfield, St. Louis, Mo., filed brief for appellant.

Robert D. Kingsland, U. S. Atty., St. Louis, Mo., and Barbara Allen Babcock, Asst. Atty. Gen., and Leonard Schaitman and John F. Cordes, Attys., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., filed brief for appellee.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

PER CURIAM.

[*~1275]1

These consolidated appeals from the United States District Court for the Eastern District of Missouri[1] present the narrow question whether the Veterans Administration is immune to garnishment procedures to effect judgments in state courts.

2

James Edward Smith and Mable M. Walton, both employees of the Veterans Administration, made several purchases on credit from the Famous-Barr Department Store, a division of appellant May Department Stores Company. After they failed to pay the bills duly submitted to them, appellant filed suit in state court and obtained judgments against them. Appellant then sought to garnish their wages. The Veterans Administration, as garnishee, successfully sought to remove the action to the federal district court. The Veterans Administration then moved to dismiss and these motions were granted on the basis that the Veterans Administration is immune to garnishment procedures to effect judgments in state courts. We affirm.

3

"It long has been established, of course, that the United States, as sovereign, 'is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit.' " United States v. Testan, 424 U.S. 392, 399, (96 S.Ct. 948, 953, 47 L.Ed.2d 114) (1976), quoting United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941). See also Bor-Son Building Corp. v. Heller, No. 77-1632, 572 F.2d 174, at 177 (8th Cir. March 8, 1978). This general rule of sovereign immunity has also long been applied to suits seeking to garnish the wages of employees of the United States. See, e. g., Buchanan v. Alexander, 45 U.S. (4 How.) 20, 11 L.Ed. 857 (1846).

4

Although the general rule of immunity from garnishment remains intact,[2] courts have been liberal in finding that the immunity has been waived. The most frequent basis for finding a waiver of immunity, and the only basis to do so in this case, has been congressional enactment of statutes authorizing federal agencies to sue and be sued in courts of competent jurisdiction. See, e. g., Reconstruction Finance Corp. v. Menihan Corp., 312 U.S. 81, 61 S.Ct. 485, 85 L.Ed. 595 (1941); Bor-Son Building Corp. v. Heller, supra ; May Dept. Stores Co. v. Williamson, 549 F.2d 1147 (8th Cir. 1977). As we have recently noted, the words "sue and be sued" normally embrace all civil process incident to legal proceedings, including garnishment procedures. See May Dept. Stores Co. v. Williamson, supra.

5

The "sue and be sued" clause covering the Veterans Administration, 38 U.S.C. § 1820(a)(1), as it read at the time this suit was filed, provided:

6

(a) Notwithstanding the provisions of any other law, with respect to matters arising by reason of this chapter, the Administrator may

7

(1) sue and be sued in the Administrator's official capacity in any court of competent jurisdiction, State or Federal . . . .

8

At first blush, this "sue and be sued" clause might appear to be a waiver of immunity in regard to garnishment proceedings. One court has so held. See Chicago Housing Authority v. Davis, No. 75 C 2133 (N.D.Ill. Nov. 29, 1975).

[*~1276]9

We are persuaded, however, that the Davis case was incorrectly decided and that the better reasoned view is that expressed in DePaul Community Health Center v. Campbell, 445 F.Supp. 484, No. 77-025 C (4) (E.D.Mo. March 29, 1977), a case relied upon by the district courts in the cases currently before us. In Campbell the court noted that this "sue and be sued" clause is expressly limited to "matters arising by reason of this chapter," and that the chapter referred to is chapter 37, entitled "Home, Condominium, and Mobile Home Loans." Accordingly, the Campbell court distinguished cases where the "sue and be sued" clause was drafted in general terms, see, e. g., May Dept. Stores Co. v. Williamson, supra, and cases where the "sue and be sued" clause related to statutory provisions dealing with agency employees, see, e. g., Federal Housing Admin. v. Burr, 309 U.S. 242, 60 S.Ct. 488, 84 L.Ed. 724 (1940), and held that the waiver of immunity in 38 U.S.C. § 1820(a)(1) did not extend to garnishment proceedings.

10

We conclude that the result reached in Campbell and the cases currently before us accurately assesses the congressional intent in enacting 38 U.S.C. § 1820(a) (1). Our conclusion is bolstered by the fact that Congress has recently amended this section. As amended the section provides:

11

(a) Notwithstanding the provisions of any other law, with respect to matters arising by reason of this chapter, the Administrator may

12

(1) sue and be sued in the Administrator's capacity in any court of competent jurisdiction, State or Federal, but nothing in this clause shall be construed as authorizing garnishment or attachment against the Administrator, the Veterans' Administration, or any of its employees . . . . (emphasis added).

13

The legislative history of this amendment includes the following language:

14

Reaffirmation of Congressional Intent with Respect to Limited Waiver of Sovereign Immunity (Section 404)

15

Section 404 (38 U.S.C. § 1820(a)(1)) reaffirms the intent of the Congress with respect to the limited waiver of sovereign immunity provided by section 1820 of title 38, United States Code, which permits suits by and against the Administrator of Veterans' Affairs in, but specifically limits such suits to, home-loan guaranty matters. Despite the clear intent and statutory language of this section, in Chicago Housing Authority v. Davis, Civil No. 75 C 2133, November 20, 1975, the United States District Court for the Northern District of Illinois held that section 1820(a)(1), which provides that the Administrator, with respect to matters arising by reason of chapter 37 (relating to the VA's home-loan guaranty program), may "sue and be sued in the Administrator's official capacity," permitted garnishment of a VA employee's salary for the benefit of a creditor on the theory that this provision constituted a complete waiver of sovereign immunity. That decision clearly exceeded the scope of section 1820, as well as the scope of section 659 of title 42, United States Code (Public Law 93-647) which permits garnishment of Federal employees' salaries only for alimony and child support purposes. As a result, several hundred garnishment actions have been instituted by creditors against the VA in the Chicago area. On the basis of the Davis decision, the VA has had to honor the writs of garnishment which have been issued in that judicial district.

16

In a recent decision, DePaul Community Health Center v. Campbell, Civil No. 77-025 C, 445 F.Supp. 484 (4) (March 29, 1977), the District Court for the Eastern District of Missouri refused to follow Davis and, in the Committee's view, correctly held that the waiver of sovereign immunity in section 1820 extends only to home-loan guaranty matters. Nevertheless, it is possible that other courts may follow the Davis rationale absent the clarification of congressional intent provided by this section.

17

The Committee emphasizes that nothing in this section should be construed as limiting or nullifying the specific provisions of section 659 of title 42 and its accompanying provisions which permit garnishment of Federal employees' salaries (and other benefits based upon remuneration for employment) for alimony and child support purposes.

18

S.Rep.No. 95-412, 95th Cong., 1st Sess., 22-23 (1977), reprinted in (1977) U.S.Code Cong. & Admin.News p. 2636. This subsequent amendment and its legislative history, although not controlling, is nonetheless entitled to substantial weight in construing the earlier law. See, e. g., Glidden Co. v. Zdanok, 370 U.S. 530, 541, 82 S.Ct. 1459, 8 L.Ed.2d 691 (1962).

[*~1277]19

We conclude that the limited waiver of the sovereign immunity of the Veterans Administration contained in 38 U.S.C. § 1820(a)(1) does not extend to garnishment procedures to collect state court judgments of the type here involved.[3] Accordingly, the orders of the district court are affirmed.

1

The Honorable John F. Nangle (No. 77-1849) and The Honorable H. Kenneth Wangelin (No. 77-1848), presiding. The decision appealed from in No. 77-1849 is reported at 438 F.Supp. 916. The decision appealed from in No. 77-1848 is, as yet, unreported

2

Appellant asks us to "overrule" the Supreme Court cases establishing the doctrine of sovereign immunity as the law of the land. Suffice it to say that we are in no position to take such action

3

Of course, the Veterans Administration is not immune from garnishment proceedings for alimony or child support. See 42 U.S.C. § 659. No such claim is involved here