Legal Opinion

Bauer v. McCoy

District Court, Northern Mariana Islands

Decided January 22, 1982No. CV NO. 81-0019Published

1Opinion of the Court

DECISION

DECISION

LAURETA, District Judge:

Plaintiff Carl Bauer brings this action to recover educational allowances under 5 U.S.C. § 5924(4)(A). He alleges the deprivation of those benefits in violation of his due process rights under the Fifth and Fourteenth Amendments to the United States Constitution.

Defendant United States of America moves to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Defendants Watt and McCoy file Rule 12(b)(6) dismissal motions for failure to state a claim, which, for reasons explained below, the Court adjudicates as…

2Cases cited77 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Warth v. SeldinSupreme Court of the United States · 1975

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