Legal Opinion
Mottola v. Nixon
Court of Appeals for the Ninth Circuit
Decided July 13, 1972No. 26662PublishedCited by 4 opinions
1Opinion of the Court
TRASK, Circuit Judge:
The government brings this appeal under 28 U.S.C. § 1292(b) from an interlocutory order of the district court, 318 F.Supp. 538, denying the government’s motion seeking dismissal of plaintiffs’ action on the grounds that the plaintiffs lack standing, that their action is barred by the doctrine of sovereign immunity and that the action presents a non-justiciable political question. We have concluded that the plaintiff-appellees lack standing to litigate their action and reverse the order of the district court for that reason.
The appellees are members of the United States…
2Cases cited37 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Flast v. CohenSupreme Court of the United States · 1968
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
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3Cited by4 opinions
- Ernest Dacosta v. Melvin Laird, Individually and as Secretary of DefenseCourt of Appeals for the Second Circuit · 1973
- Mottola v. NixonCourt of Appeals for the Ninth Circuit · 1972
- Minnesota Chippewa Tribe v. CarlucciDistrict Court, District of Columbia · 1973
- Lindsay v. North Atlantic Treaty OrganizationDistrict Court, W.D. Washington · 2024