Legal Opinion

McEachern v. United States

District Court, W.D. South Carolina

Decided January 7, 1963No. Civ. A. 4140PublishedCited by 20 opinions

1Opinion of the Court

WYCHE, District Judge.

The above case is before me upon the motion of the defendant to dismiss upon the following grounds: 1. That this Court has no jurisdiction to review the decision of the Civil Service Commission in this case; 2. The individual members of the Civil Service Commission are indispensable parties to this action but have not been sued; 3. The Commissioner of Social Security, as the removing authority, is an indispensable party who has not been sued; 4. Plaintiff seeks affirmative relief in the nature of mandamus which is not a proper remedy against the United States since…

2Cases cited22 opinions

  1. Decatur v. PauldingSupreme Court of the United States · 1840
  2. Keim v. United StatesSupreme Court of the United States · 1900
  3. Bailey v. RichardsonCourt of Appeals for the D.C. Circuit · 1950
  4. Kansas City Power & Light Company v. Douglas McKay Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1955
  5. Bailey v. RichardsonSupreme Court of the United States · 1951

17 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Campbell v. Department of Civil ServiceSupreme Court of New Jersey · 1963
  2. Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
  3. McQueary v. LairdCourt of Appeals for the Tenth Circuit · 1971
  4. Pacific Coast Meat Jobbers Ass'n v. Cost of Living CouncilTemporary Emergency Court of Appeals · 1973
  5. Commonwealth of Massachusetts v. ConnorDistrict Court, D. Massachusetts · 1966

15 more not listed; retrieve them via the Exa API.

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