Legal Opinion
1776 K Street Associates v. United States
United States Court of Claims
Decided July 18, 1979No. 531-78PublishedCited by 5 opinions
1Per curiam
This case is that somewhat rare creature in our jurisprudence, the "independent action” under permission of Rule 15203)—
*259* * * [T]o relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. * * *
Such an action, when it can be brought, lifts the bar of res judicata. Since ours is a court of limited jurisdiction, often inhibited in doing what would seem useful by the strict construction of the consent to be sued, we have had to consider carefully what this rule implies or expresses. See Carney v. United States, 199 Ct. Cl. 160, 462 F.2d 1142…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Pierce v. Cook & Co.Court of Appeals for the Tenth Circuit · 1975
- Pauley Petroleum Inc. v. United StatesUnited States Court of Claims · 1979
- Carney v. United StatesUnited States Court of Claims · 1972
- United States v. Sioux Nation of IndiansUnited States Court of Claims · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jack Faucett Associates, Inc. v. American Telephone and Telegraph Co.Court of Appeals for the D.C. Circuit · 1984
- Oliver T. Carr, Jr., Trustee v. District of Columbia, a Municipal Corporation United States of AmericaCourt of Appeals for the D.C. Circuit · 1980
- Carlingswitch, Inc. v. United StatesUnited States Court of International Trade · 1983
- Cheyenne-Arapaho Tribes of Indians v. United StatesUnited States Court of Claims · 1982
- 1776 K Street AssociatesUnited States Court of Claims · 1979