Legal Opinion

In Re Vera Young, Vera Young v. United States Postal Service

Court of Appeals for the Second Circuit

Decided February 27, 1989No. 713, Docket 88-3061PublishedCited by 26 opinions

1Per curiam

Vera Young petitions this court for a writ of mandamus directing the United States District Court for the Southern District of New York (Carter, J.) to grant her a jury trial in her wrongful discharge action against the United States Postal Service. Her petition presents an important question of first impression before this court. Petitioner claims that the clause in the Postal Reorganization Act that allows ■ the postal service to “sue and be sued”, 39 U.S.C. § 401(1), is not only a broad waiver of sovereign immunity but also subjects the postal service to trial by jury. We disagree and, for…

2Cases cited5 opinions

  1. Lehman v. NakshianSupreme Court of the United States · 1981
  2. Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
  3. Loeffler v. FrankSupreme Court of the United States · 1988
  4. Reconstruction Finance Corporation v. JG Menihan Corp.Supreme Court of the United States · 1941
  5. Young v. United States Postal ServiceDistrict Court, S.D. New York · 1988

3Cited by26 opinions

  1. Aleia L. Robinson v. Marvin T. Runyon, Postmaster General, United States Postal ServiceCourt of Appeals for the Sixth Circuit · 1998
  2. Nyman v. Chairman, Federal Deposit InsuranceDistrict Court, District of Columbia · 1997
  3. Rodney Harrell v. United States Postal ServiceCourt of Appeals for the Seventh Circuit · 2006
  4. Vera Young v. United States Postal ServiceCourt of Appeals for the Second Circuit · 1990
  5. Ausfeldt v. RunyonDistrict Court, N.D. New York · 1997

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