Legal Opinion
Lee County School District Number 1 v. Gardner
District Court, D. South Carolina
Decided January 16, 1967No. Civ. A. No. 66-718PublishedCited by 6 opinions
1Opinion of the Court
HEMPHILL, District Judge.
The Board of Education of Lee County School District Number One, instituted this action against John W. Gardner, as Secretary of Health, Education and Welfare, and Harold Howe, II, as the United States Commissioner of Education. The matter before the court at this time is defendants’ motion to dismiss. The defenses set forth in that motion, which shall be set forth more fully below, are that the action is one against the United States and is barred by the doctrine of sovereign immunity, and, alternatively, that no claim has been stated for which relief can be granted…
2Cases cited14 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Land v. DollarSupreme Court of the United States · 1947
- Leedom v. KyneSupreme Court of the United States · 1958
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
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3Cited by6 opinions
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Mandel v. United States Department of Health, Education & WelfareDistrict Court, D. Maryland · 1976
- Dermott Special School Dist. of Chicot County v. GardnerDistrict Court, E.D. Arkansas · 1968
- Fort Sumter Tours, Inc. v. AndrusDistrict Court, D. South Carolina · 1977
- Bowen v. MassachusettsSupreme Court of the United States · 1988
1 more not listed; retrieve them via the Exa API.