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TURNER v. ASTRUE

Civil Action No. 08-391.

790 F.Supp.2d 584 (2011)

John C. TURNER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, E.D. Kentucky, Southern Division, London.

April 13, 2011.

Attorney(s) appearing for the Case

Wolodymyr Cybriwsky , Prestonsburg, KY, for Plaintiff.

John S. Osborn, III , U.S. Attorney's Office, Lexington, KY, for Defendant.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Of all the canons of statutory construction, one of the most well established is the rule that waivers of sovereign immunity must be strictly construed. "[T]he United States, as sovereign, is immune from suit[.]" United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). If Congress decides to depart from this "background of complete...

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