Legal Opinion

Carter v. Cleland

District Court, District of Columbia

Decided May 14, 1979No. Civ. A. 78-871PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

FLANNERY, District Judge.

This challenge to the Veterans Administration’s “birth by another” rule comes before the court on cross-motions for partial summary judgment, and on the defendant’s motion, opposed by the plaintiffs, to dismiss for want of subject matter jurisdiction. The court concludes that the nature of the plaintiffs’ claims are such that the motion to dismiss must be denied as to the constitutional challenges to the “birth by another” rule, but that the defendant has a persuasive case on the merits. Partial summary judgment will be entered for the defendant.

BAC…

2Cases cited17 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Dandridge v. WilliamsSupreme Court of the United States · 1970
  4. Weinberger v. SalfiSupreme Court of the United States · 1975
  5. Flemming v. NestorSupreme Court of the United States · 1960

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3Cited by6 opinions

  1. McConnell v. Federal Election CommissionDistrict Court, District of Columbia · 2003
  2. Arnolds v. Veterans' AdministrationDistrict Court, N.D. Illinois · 1981
  3. Carter ex rel. Middleton v. ClelandCourt of Appeals for the D.C. Circuit · 1980
  4. Carter v. ClelandCourt of Appeals for the D.C. Circuit · 1980
  5. McConnell v. Federal Election CommissionDistrict Court, District of Columbia · 2003

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