Legal Opinion
Frederick D. Peel v. Florida Department of Transportation, Tom B. Webb, Jr., as Secretary
Court of Appeals for the Fifth Circuit
Decided August 13, 1979No. 77-1846PublishedCited by 74 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
This case requires us to decide whether the tenth amendment 1 or the eleventh amendment 2 prevents a federal court from ordering a state agency to reinstate a former employee under the Veterans’ Reemployment Rights Act (the Act), 38 U.S.C. §§ 2021-2026 (1976), 3 passed pursuant to the war power of Congress. 4 The district court granted plaintiff Frederick D. Peel’s motion for summary judgment, ruling that the defendants, the Florida Department of Transportation (DOT) and its Secretary, had violated the Act by terminating Peel’s employment; the court ordered that Peel be…
2Cases cited45 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Quern v. JordanSupreme Court of the United States · 1979
- Fay v. NoiaSupreme Court of the United States · 1963
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3Cited by74 opinions
- Pennsylvania v. Union Gas Co.Supreme Court of the United States · 1989
- Familias Unidas, an Unincorporated Association, and Irma Torrez v. Dolph BriscoeCourt of Appeals for the Fifth Circuit · 1980
- Laurice J. Ezratty v. The Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 1981
- Monroe v. Standard Oil Co.Supreme Court of the United States · 1981
- Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
69 more not listed; retrieve them via the Exa API.