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39 § 401 GENERAL, PROVISIONS Note I Ch. 4 Ch. 4 GENERAI (9) to exercise, in the name of the United States, the right of eminent domain for the furtherance of its official purposed; and to have the priority of the United States with respect to the payment of debts out of bankrupt, insolvent, and decedents' es- tates; and (10) to have all other powers incidental, necessary, or appro- priate to the carrying on of its functions or the exercise of its specific powers. Pub.L. 91-375, Aug. 12, 1970, 84 Stat. 722. Historical Note Fffective Data. Cie. (1) and (3) to (10) effective July 1. 1071. pursuant to Rreolu• lion No. 71-4 of the Board of Governors and cf. (2) effectivn Aug. 12. 1970. flee section 13(a) of Pub.L. 91-V5. set out as as Effective Date note preceding section 101 of this title. library References Post Office e-_31. C.J.S. Post Office 11 2. 3. Code of Federal Regulations Administration, organisation, etc., see 19 CFR Chap. 1. Notes of Decisions Acquisition of property is Act[*- by or against Service Generally I Oaralshment proeeedlage L Interest 2 Arbitrariness of rules aad regalatlona 7 Compromise I! Construction of rules and regutatloas 6 Contract• s rminent domaln 12 Force and effect at rules and regul►tleas s Gornlebment proceedlurs, aetloms by or against Service 2 Interest, actions by or against Service I Interprotatlon et rulem and regulations 6 Judicial notice 14 I -taste It Remsonabtemese at rates mind regatatlomm 7 Rut" and regalatleate Generally 4 Construction a Foroo and effect a Itaaaexahtoaseoa 7 Validity s settlement and compromise 12 Vatldtty of rat" and irogalattaoe a Instrumentalities merely because they do Its work. May Dept. Stores Co. Y. Wit. llameon. C.A.Mo.1977. 549 F.2d 1147. Service la Just as amenable to Judicial Process as Is a Private enterprise. Kenne• dy Klec. Co., Inc. v. 11. S. Postal Service, C.A.COl0.1974. 508 F.2d 054. Determination of Service's liability to electrical subcontractor who performed work on post office under contract origi. Daily awarded by Post Office Department went to the rrerlts of electrical subcon- tractor's action sad Dot to Jurisdiction. even though the Service claimed that, be- cause the contract wax Initially awarded by the Post Office department, the•me- lion was barred by sovereign Immunity. Id. Fact that It electrical subcontractor who performed work on paxt office and which sought, after contractor's failure to Pay. Payment from Service, were succcas- ful IN Its action. Service would bars to make payment out of funds held by Treasurer of Cho Ualted States did not mean that the action was n suit against the sovereign. Id. calacting this section. Coag*r*" ex. 1. Aettoats by or against tlervteo _per. Prtaly stlOulatad that Ser►tp should ally harm authority to sue and be sued In Its name. &ad such provlas Governmeat doom not become* eoadult of ed aria walrer of sovereign Immunity In Itr tsamunity to cults against atreate or all actions brought against Service. 20 Pearlsilue v. I'. S., 1) C.I'a.1979. 410 Supp. ION. Service Im subject to Mull In fix name, and suit by mall carrier to romp VIvll Service Cninmlmalon (now Office Personnel Managementl to accept film at heal from hill removal would not be dt mlamed on ground of sovereign Immunll. Abbruarese v. Bersak, D.C.N.J.1970, 4: F.Supp. 201, affirmed 001 F.2d 107. .. - Garalmhonent proceedings Service did not retain the broad Imuu nity from mult which had been afforde to Its predecemeor, and was not Immuc from state garnishment procems. itenef #-let Finance Co. of New York, Inc. ltsllam. C.A.N.Y.1978. 571 F.2d 123. Service was not Immune tram garolml meal procedures. General Elec. Cred Corp. v. Smith. C.A.Va.1977, 5W F.2d 29 Service was not Immune from star garolahment proceeding brought by Judi. ment creditor of Service employee. Coot maws Furniture Co. v. U. S. I'omtal Seri Ice. C.A.N.J.1977, WI F.2d 462. Words "cue and be sued" In their not lusI connotation embrace all civil prover Incident to legal proceedings Inciudin garnishment procedurem. May Dep Stores Co. v. Williamson. C.A.Dio.1977. 54 F.2d 1147. Till power to one and be sued con (erred on the Service by lhla mectlon em bracts garnishment proceedings. Stead mrd Oil Division, American Oil Co. t I Starks. C.A.111.1973, = F.211 201. tie, shin, Ascoclatex Financial ServIcem u America. Inc. r. Robinsoo. C.A.La.1078. 5S F.2d 1; lows -lies litnines Vat. fleck c 1'. S.. I►.C.luws 1076. 414 F.Supp. 1393. The aervire Im not Immune to garnish meat procedures to effect Jndgmentm ' state courts. Standard Oil Divillu: American Oil Co. v. Starke. C.A.111.197: ,28 F.2d 201. See, also, flank of Virgial v. Tompkins. D.C.Vm.1977. 434 F.Sulip. 98' Sovereign Immunity did not preven ' state court Judgment creditors from gal Dishing waste of Service employee, Uncolo Not. [lank k Trust Co. of Nei York Y. Marotta. D.C.N.Y.1977, 442 1 Supp. 49. Congress which Rave Service authorli to one and be sued In Its official mom did mot great Immunity of Service wit respect to garnishment procedurea. Dan of Virginia r. Tompkins, D.C.Va.lM. 43 F.Rupp. 781. t.eglslative history of this title make It clear that Congress chose structure o