Legal Opinion

Mulitauaopele v. Maiava

High Court of American Samoa

Decided August 25, 1993No. CA No. 73-93Published

1Opinion of the Court

Order Denying Motion for Reconsideration:

On August 2, 1993, this court issued its order denying petitioner’s request for a writ of mandamus. Petitioner filed a motion for reconsideration on August 4, 1993. For the reasons enumerated below, his motion for reconsideration is denied.

First, mandamus is inappropriate in this case. As this court previously noted, mandamus will not be issued if the application or interpretation of a statute is discretionary. Beckless v. Heckler, 622 F. Supp. 715, 720 (N.D. Ill. 1985) (citing Mid-American Regional Council v. Mathews, 416 F. Supp. 896 (W.D. Mo.…

2Cases cited13 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mistretta v. United StatesSupreme Court of the United States · 1989
  3. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  4. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  5. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983

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