39 U.S.C. § 2605
Suits to recover wrongful or fraudulent payments
Section effective
Notes of Decisions
Cited in 4
cases, 1974–2001 · leading case: Alfred D. Schiaffo, in No. 72-2168 v. Henry Helstoski, in No. 72-2167, 492 F.2d 413 (3rd Cir. 1974).
Alfred D. Schiaffo, in No. 72-2168 v. Henry Helstoski, in No. 72-2167, 492 F.2d 413 (3rd Cir. 1974). “Although none of the sections specifically relating to the frank confer authority on the Postal Service to regulate the frank, such authority might well be inferred from 39 U.S.C. § 2605 , permitting the Postal Service to request the Attorney General to institute court action to…”
Butz Eng'g Corp. v. United States, 204 Ct. Cl. 561 (Ct. Cl. 1974). “*573 Further evidence for the conclusion that the United States was to continue responsible for USPS activities is found in the remaining sections of article 409: (b) directing that the procedural rules for suits involving USPS be those employed in suits involving the United…”
John J. Leonard v. United States Postal Serv., Appeal of United States of Am., 489 F.2d 814 (1st Cir. 1974). “Thus, under 39 U.S.C. § 2605 “[t]he Postal Service shall request the Attorney General to bring a suit” to recover monies paid out by the Service on account of mistake, fraud, collusion or misconduct.”
Kimco Realty v. United States, 51 Fed. Cl. 257 (Fed. Cl. 2001). ““The Postal Service shall request the Attorney General to bring a suit to recover with interest any payment made from moneys of, or credit granted by, the Postal Service as a result of — (1) mistake ____” 39 U.S.C. § 2605 (2001). Here, defendant paid plaintiffs building value…”
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