Legal Opinion

Smith v. Brady

District Court, N.D. California

Decided August 8, 1990No. C-89-1535 FMSPublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING SUMMARY JUDGMENT

FERN M. SMITH, District Judge.

This is an action for a declaratory judgment on the issue of whether the waiver of the United States’ sovereign immunity from interest on back pay awards, contained in the Back Pay Act, 5 U.S.C. § 5596, applies to actions filed under Title VII. The matter came before the Court for hearing on the parties’ cross motions for summary judgment on June 27, 1990. For the reasons discussed herein, the Court hereby grants summary judgment in favor of the plaintiff.

FACTS

In 1977, the plaintiff filed a claim of race and sex discrimination…

2Cases cited9 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Brown v. General Services AdministrationSupreme Court of the United States · 1976
  3. Library of Congress v. ShawSupreme Court of the United States · 1986
  4. Loeffler v. FrankSupreme Court of the United States · 1988
  5. Joseph C. Spagnola, Jr. v. David Stockman, Director, Office of Management and BudgetCourt of Appeals for the Federal Circuit · 1984

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3Cited by4 opinions

  1. James E. Brown v. Secretary of the Army. Wellington Mitchell v. Secretary of CommerceCourt of Appeals for the D.C. Circuit · 1990
  2. Roepsch v. BentsenDistrict Court, E.D. Wisconsin · 1994
  3. Taylor v. United StatesUnited States Court of Federal Claims · 2008
  4. James E. Brown v. Secretary of the Army. Wellington Mitchell v. Secretary of CommerceCourt of Appeals for the D.C. Circuit · 1990

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