Legal Opinion

Stephens v. Coleman

District Court, N.D. Georgia

Decided April 4, 1989No. Civ. A. 1:87-cv-1785A-HTWPublishedCited by 3 opinions

1Opinion of the Court

ORDER OF COURT

HORACE T. WARD, District Judge.

This matter is before the court on defendants’ motion to dismiss, pursuant to Fed. R.Civ.P. 12(b)(2), 12(b)(5) and 12(b)(6) and plaintiff’s motion for leave to amend complaint filed on January 24, 1989. Both motions are opposed.

Plaintiff brought this action pursuant to the Administrative Procedure Act, 5 U.S.C. § 701, et seq.; 5 U.S.C. § 2302(b)(2), (6); 5 U.S.C. §§ 3318 and 3320; the First and Fifth Amendments of the United States Constitution and various other statutes and rules. Basically, plaintiff asserts that he was deprived of an appointment…

2Cases cited37 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  5. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980

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3Cited by3 opinions

  1. James N. Stephens v. Department of Health and Human Services, Secretary, James N. Stephens v. Terry S. Coleman, Isabel P. DunstCourt of Appeals for the Eleventh Circuit · 1990
  2. Fonda D. Brown, Alphonso Adams, and Angela D. Napier v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
  3. Kerner v. Department of the InteriorCourt of Appeals for the Federal Circuit · 2015

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