Legal Opinion

Lance Lemay, on Behalf of Himself and All Others Similarly Situated, and on Behalf of the General Public v. United States Postal Service

Court of Appeals for the Eighth Circuit

Decided June 16, 2006No. 05-3515PublishedCited by 124 opinions

1Opinion of the Court

ROSENBAUM, District Judge.

Lance LeMay has filed a putative class action. The district court 2 dismissed for lack of subject matter jurisdiction. Le-May appeals; we affirm.

I. Background

LeMay, purportedly acting on his own behalf and on behalf of others similarly situated, claims the United States Postal Service (“Postal Service”) entered into and breached a federal common law contract. According to Mr. LeMay, the Postal Service contracts with its patrons to provide preferred handling and expedited treatment of Priority Mail, but fails to do so. Mr. LeMay considers the Postal Service’s…

2Cases cited16 opinions

  1. Brown v. General Services AdministrationSupreme Court of the United States · 1976
  2. Block v. Community Nutrition InstituteSupreme Court of the United States · 1984
  3. Anderson v. YungkauSupreme Court of the United States · 1947
  4. In Re: K-Tel International, Inc. Securities Litigation Pasquale Migliaccio Creative Care Corporation Glen Reudolph Morton Kahn David Rea Henry Werres Claude Seymour Igal Mammon Neil Litton, Dr. Jerry Booth Joseph Erlich Gary Ewin Tim Murchison Stanford D. Williams Rev. R.G. Moore Murray N. Johnson Elizabeth Alpert Arthur Alves Societe Financiere Privee and Ravi Anand, on Behalf of Themselves and All Others Similarly Situated v. K-Tel International, Inc. Philip Kives Lawrence Kives, Securities and Exchange Commission, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2002
  5. John H. Buchanan, Jr. v. United States Postal Service, Etc.Court of Appeals for the Fifth Circuit · 1975

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3Cited by124 opinions

  1. Mike Townsend v. Bayer HealthCareCourt of Appeals for the Eighth Circuit · 2014
  2. Lucas Riley v. United StatesCourt of Appeals for the Eighth Circuit · 2007
  3. Thompson-Harbach v. USAA Federal Sav. BankDistrict Court, N.D. Iowa · 2019
  4. Hennepin County v. Federal National Mortgage Ass'nCourt of Appeals for the Eighth Circuit · 2014
  5. Naskar v. United StatesUnited States Court of Federal Claims · 2008

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