Legal Opinion

Westfall v. Miller

Court of Appeals for the Fifth Circuit

Decided March 18, 1996No. 95-40310PublishedCited by 38 opinions

1Opinion of the Court

STEWART, Circuit Judge:

Robert Lee Westfall appeals the district court’s judgment, which held that Westfall lacked standing to challenge the law enforcement certification requirement, that even if Westfall had standing mandamus was an improper remedy and the Administrative Procedure Act did not provide jurisdiction over the action, and further that Westfall failed to state a claim upon which relief could be granted because the law enforcement requirement does not violate the Tenth, Fifth, or Fourteenth Amendments of the Constitution. Finding that Westfall lacks standing, we affirm.

FACTS

On…

2Cases cited4 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Northeastern Florida Chapter of the Associated General Contractors of America v. City of JacksonvilleSupreme Court of the United States · 1993
  3. American Waste & Pollution Control Company v. Browning-Ferris, Inc.Court of Appeals for the Fifth Circuit · 1992
  4. Eugene Steele v. National Firearms Act BranchCourt of Appeals for the Eleventh Circuit · 1985

3Cited by38 opinions

  1. Goldstein v. MCI WorldcomCourt of Appeals for the Fifth Circuit · 2003
  2. Barrie v. Intervoice-Brite, Inc.Court of Appeals for the Fifth Circuit · 2005
  3. National Press v. McCrawCourt of Appeals for the Fifth Circuit · 2024
  4. In re BP P.L.C. Securities LitigationDistrict Court, S.D. Texas · 2012
  5. United States Ex Rel. Foster v. Bristol-Myers Squibb Co.District Court, E.D. Texas · 2008

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