CLARK v. UNITED STATES

No. 82-1239.

691 F.2d 837 (1982)

Emmett M. CLARK, Richard Cubbage, James A. Dorsey, A. D. McLane, and John G. Terhune, Plaintiffs-Appellants, v. UNITED STATES of America; Donald J. Devine, Director, Office of Personnel Management; and Donald T. Regan, Secretary of the Treasury, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 1982.

Rehearing Denied November 22, 1982.


Attorney(s) appearing for the Case

Richard T. Cubbage, Evanston, Ill., for plaintiffs-appellants.

Daniel C. Murray, Asst. U. S. Atty., Dan K. Webb, U. S. Atty., Chicago, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, PELL, Circuit Judge, and DUMBAULD, Senior District Judge.


CUMMINGS, Chief Judge.

Plaintiffs-appellants appeal from the district court's order granting defendants' motion to dismiss for lack of jurisdiction under the doctrine of sovereign immunity. We find jurisdiction under 28 U.S.C. § 1331(a) to hear the declaratory judgment claim and hold against plaintiffs on the merits.

Plaintiffs are pensioners under various state and private pension plans. They challenge the constitutionality of 5 U.S.C. § 8340, which...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases