Legal Opinion

Breaker v. United States

District Court, D. Minnesota

Decided September 30, 2013No. Case No. 10-cv-2141 (SRN/LIB)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, District Judge.

I. INTRODUCTION

This matter is before the Court on the parties’ cross motions for summary judgment and Defendants’ motion to dismiss. (Pl.’s Mot. for Summ. J. [Doc. No. 34]; Def.’s Mot. to Dismiss or for Summ. J. [Doc. No. 44].) Both parties ask the Court to grant judgment as a matter of law upon a review of an administrative decision by the United States Forest Service. Defendants also seek dismissal based on lack of jurisdiction. For the following reasons, the Court finds that the Forest Service’s decision was arbitrary and…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  4. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  5. Monsanto Co. v. Geertson Seed FarmsSupreme Court of the United States · 2010

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3Cited by3 opinions

  1. Rhoads v. United States Department of Veterans AffairsDistrict Court, E.D. California · 2017
  2. Varnum Properties, LLC v. DC Department of Consumer and Reglatory AffairsDistrict of Columbia Court of Appeals · 2019
  3. Eason v. Stoneweg US, LLCDistrict Court, W.D. Missouri · 2023

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