Legal Opinion
Brumley v. United States Department of Labor
District Court, E.D. Arkansas
Decided August 3, 1993No. LR-C-91-529PublishedCited by 2 opinions
1Opinion of the Court
ORDER
ROY, District Judge.
By previous order, this Court has made a preliminary declaratory finding that the Secretary of Labor has no statutory authority under the Federal Employees Compensation Act to require earnings reports of persons, like the plaintiff, who are in the total disability category. In subsequently filed pleadings, the government has asked the Court to reconsider this finding, as well the Court’s earlier determination that it even has jurisdiction to consider the matter. The Secretary moves for dismissal, or alternatively, for summary judgment. Mr. Brumley urges the Court to…
2Cases cited14 opinions
- Jacobellis v. OhioSupreme Court of the United States · 1964
- Leedom v. KyneSupreme Court of the United States · 1958
- Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985
- Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
- Werner R. Staacke v. United States Secretary of LaborCourt of Appeals for the Ninth Circuit · 1988
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3Cited by2 opinions
- Gerald L. Brumley v. United States Department of LaborCourt of Appeals for the Eighth Circuit · 1994
- United States v. MachiDistrict Court, S.D. New York · 1997