Legal Opinion
Payne, Postmaster v. Fite. Payne, Postmaster v. Fite
Court of Appeals for the Fifth Circuit
Decided December 12, 1950No. 13290, 13364PublishedCited by 17 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
Grounding his claim to federal jurisdiction on Section 1339, Title 28, U.S.C.A., and on the line of cases 1 holding that suit may be brought against a subordinate officer alone when the act complained of is an invasion or denial of a right of the person sued, and the decree “will not require the superior officer to take action * * but “will effectively grant the relief desired by expending itself on the subordinate officer who is before the court, suit may be brought against him alone”, the plaintiff Fite brought this suit against the local Postmaster at Dallas.
Alleging…
2Cases cited10 opinions
- Williams v. FanningSupreme Court of the United States · 1947
- United States Ex Rel. Riverside Oil Co. v. HitchcockSupreme Court of the United States · 1903
- Adams v. NagleSupreme Court of the United States · 1938
- Yarnell v. Hillsborough Packing Co.Court of Appeals for the Fifth Circuit · 1934
- Transcontinental & Western Air, Inc. v. FarleyCourt of Appeals for the Second Circuit · 1934
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gary McDougald Cross-Appellant v. Vivian L. Jenson, Cross-Appellee, Clarence Ehli, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
- Securities and Exchange Commission v. First Financial Group of TexasCourt of Appeals for the First Circuit · 1981
- Fahey v. O'Melveny & Myers Federal Home Loan Bank of San Francisco v. O'Melveny & MyersCourt of Appeals for the Ninth Circuit · 1952
- Marshall v. CrottyCourt of Appeals for the First Circuit · 1950
- General Motors Corporation v. VolpeDistrict Court, D. Delaware · 1970
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