Legal Opinion
Disabled American Veterans v. United States Department of Veterans Affairs
District Court, S.D. New York
Decided January 31, 1992No. 91 Civ. 1413 (SWK)PublishedCited by 2 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
KRAM, District Judge.
This is a class action1 challenging the constitutionality of Section 8001 of the Omnibus Budget Reconciliation Act of 1990, 38 U.S.C. § 3205,2 in which plaintiffs seek in-junctive relief as well as a declatory judgment pursuant to 28 U.S.C. § 2201. Plaintiffs now move, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for an order preliminarily enjoining application of Section 3205. Plaintiffs contend that the Section is facially unconstitutional in that it denies them equal protection of the laws and due process of law in…
2Cases cited47 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Plyler v. DoeSupreme Court of the United States · 1982
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
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3Cited by2 opinions
- Disabled American Veterans v. United States Department of Veterans AffairsCourt of Appeals for the Second Circuit · 1992
- McDowell v. BrownUnited States Court of Appeals for Veterans Claims · 1993