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BOOTH v. UNITED STATES

No. 656.

291 U.S. 339 (1934)

54 S.Ct. 379

78 L.Ed. 836

BOOTH v. UNITED STATES.

Supreme Court of United States.

Decided February 5, 1934.

Attorney(s) appearing for the Case

Messrs. William D. Mitchell and John S. Flannery, with whom Mr. Carl Taylor was on the brief, for petitioners.

Solicitor General Biggs, with whom Assistant Attorney General Wideman and Messrs. H. Brian Holland and Paul A. Sweeney were on the brief, for the United States.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The Court of Claims has certified two questions:

"1. Does a United States District or Circuit Judge who, having served continuously for ten years and attained the age of seventy years, does not resign but retires under the provisions of section 260 of the Judicial Code, as amended, continue in office within the meaning of section 1 of article III of the Constitution...

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