Legal Opinion

Sanders v. United States

United States Court of Federal Claims

Decided August 9, 1995No. 94-213TPublishedCited by 17 opinions

1Opinion of the Court

OPINION

HORN, Judge.

The above-captioned case comes before the court on defendant’s motion to dismiss, pursuant to 28 U.S.C. § 1500 (1988 & Supp. 1993), alleging that when plaintiffs complaint was filed, two other cases were pending in other federal courts, filed by this same plaintiff, involving the same operative facts and requesting the same relief. Defendant, in the alternative, argues that if the pendency of the lawsuits is not dispositive of the present action under 28 U.S.C. § 1500, dismissal is also warranted pursuant to the following: the doctrine of sovereign immunity, alleging that…

2Cases cited46 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  4. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  5. United States v. TestanSupreme Court of the United States · 1976

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3Cited by17 opinions

  1. Monahan v. New York City Department Of CorrectionsCourt of Appeals for the Second Circuit · 2000
  2. Skillo v. United StatesUnited States Court of Federal Claims · 2005
  3. Cherbanaeff v. United StatesUnited States Court of Federal Claims · 2007
  4. Stiles v. United StatesUnited States Court of Federal Claims · 2000
  5. Monahan v. New York City Department of CorrectionsCourt of Appeals for the Second Circuit · 2000

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