Legal Opinion

Karahalios v. Defense Language Institute Foreign Language Center Presidio

District Court, N.D. California

Decided July 23, 1982No. C-81-2745 RFPPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

Pendent Jurisdiction

In our order dated March 9, 1982, 534 F.Supp. 1202, we ruled that we have federal question jurisdiction over plaintiff’s claim that defendant union breached its duty of fair representation. As to the claim against the Defense Language Institute (“DLI”) for breach of the collective bargaining agreement, however, we indicated that, as it was essentially a claim for breach of contract against the government, it fell within the Tucker Act, 28 U.S.C. §§ 1346(a)(2), 1491, so that we lacked jurisdiction over it if it were a claim for over…

2Cases cited22 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  3. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  4. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
  5. Ford Motor Co. v. HuffmanSupreme Court of the United States · 1953

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3Cited by6 opinions

  1. Walter A. Warren v. Local 1759, American Federation of Government EmployeesCourt of Appeals for the Eleventh Circuit · 1985
  2. Tucker v. Defense Mapping Agency Hydrographic/Topographic CenterDistrict Court, D. Rhode Island · 1985
  3. Gorski v. Local Union 134, International Brotherhood of Electrical WorkersDistrict Court, N.D. Illinois · 1986
  4. Sharon K. Pham v. American Federation of Government Employees, Local 916, Afl-Cio, DefendantCourt of Appeals for the Tenth Circuit · 1986
  5. Efthimios A. Karahalios v. Defense Language InstituteCourt of Appeals for the Ninth Circuit · 1987

1 more not listed; retrieve them via the Exa API.

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