Legal Opinion
Pamela A. Loftin v. James K. Rush, United States of America, Garnishee-Appellee
Court of Appeals for the Eleventh Circuit
Decided August 2, 1985No. 84-8828PublishedCited by 59 opinions
1Opinion of the Court
CLARK, Circuit Judge:
This appeal addresses the scope of removal under 28 U.S.C. § 1442(a)(1), and the extent to which Congress waived sovereign immunity under 42 U.S.C. § 659(a) (1982). 1
FACTS
Pamela A. Loftin was divorced from James K. Rush in September of 1974. As part of the divorce decree, Rush was obligated to pay child support. He did not do so. As a result, Loftin swore out an Affidavit of Continuing Garnishment in the Muscogee County Superior Court, Georgia, in the amount of $37,966.
The Summons of Garnishment was served on Rush’s employer, the United States Navy, on February 7, 1984.…
2Cases cited42 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. MitchellSupreme Court of the United States · 1980
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
37 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Payne Ex Rel. Estate of Calzada v. BrakeCourt of Appeals for the Fourth Circuit · 2006
- New v. Sports & Recreation, Inc.Court of Appeals for the Eleventh Circuit · 1997
- Gladys Allen and J. Patrick Craddock v. Robert FergusonCourt of Appeals for the Seventh Circuit · 1986
- Brian P. Scott v. Machinists Automotive Trades District Lodge No. 190 Of Northern CaliforniaCourt of Appeals for the Ninth Circuit · 1987
- Wasserman v. RodackerCourt of Appeals for the D.C. Circuit · 2009
54 more not listed; retrieve them via the Exa API.