Legal Opinion

Cleghorn v. Herrington

Court of Appeals for the Ninth Circuit

Decided March 27, 1987No. 86-1914PublishedCited by 20 opinions

1Opinion of the Court

WALLACE, Circuit Judge:

Cleghorn and ten others (Cleghorn) appeal from a summary judgment dismissing their attack on regulations promulgated by the Department of Energy (the Department). The disputed regulations, 10 C.F.R. §§ 1046.11.13 (1986), establish minimum physical fitness requirements for armed security guards employed at United States nuclear facilities. The district court properly exercised jurisdiction pursuant to 28 U.S.C. § 1331. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

Congress has charged the Department with regulating the development, use and control of atomic…

2Cases cited10 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  4. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  5. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962

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3Cited by20 opinions

  1. The Association Of Mexican-American Educators v. State Of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
  2. Jane Doe, and Jane Roe and Jane Roe 2, Proposed-Intervenors-Appellants v. Oberweis DairyCourt of Appeals for the Seventh Circuit · 2006
  3. Michael Cousins v. Secretary of the United States Department of TransportationCourt of Appeals for the First Circuit · 1989
  4. Association of Mexican-American Educators v. CaliforniaCourt of Appeals for the Ninth Circuit · 2000
  5. John P. Clark v. Samuel K. Skinner, Secretary of TransportationCourt of Appeals for the Fourth Circuit · 1991

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