Legal Opinion
Johnson v. United States Postal Service
District Court, D. Colorado
Decided November 7, 1986No. Civ. A. No. 85-K-1900PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
BACKGROUND
Defendant filed a Motion to Dismiss under F.R.Civ.P. 12(b) and Rule 15(c) for lack of jurisdiction over the subject matter and for failure of capacity of defendant to be sued, for insufficiency of service and for inability to substitute the proper defendant. Plaintiff, a former postal service employee brought this action under §§ 717 and 717(a) of the Civil Rights Act of 1964, Title VII alleging in his Second Amended Complaint discrimination in employment based on physical handicap. For the reasons following, the motion to dismiss for…
2Cases cited23 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Harriett Duet Kirk, Widow of Dalta Ray Kirk v. Alwynn J. Cronvich, Individually and in His Official Capacity as Sheriff of the Parish of JeffersonCourt of Appeals for the Fifth Circuit · 1980
- Varlack v. SWC Caribbean, Inc.Court of Appeals for the Third Circuit · 1977
- Karen A. Cooper v. U.S. Postal ServiceCourt of Appeals for the Ninth Circuit · 1984
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3Cited by3 opinions
- Jerrald M. Johnson v. United States Postal ServiceCourt of Appeals for the Tenth Circuit · 1989
- Jerrald M. Johnson v. United States Postal ServiceCourt of Appeals for the Tenth Circuit · 1989
- Jerrald M. Johnson v. United States Postal ServiceCourt of Appeals for the Tenth Circuit · 1989