Legal Opinion
Paterson v. Weinberger
Court of Appeals for the Fifth Circuit
Decided May 8, 1981No. 79-1441PublishedCited by 449 opinions
1Opinion of the Court
THOMAS A. CLARK, Circuit Judge:
In the district court the plaintiff-appellant challenged his forced retirement in 1975 at age 62 from a civilian position with the Army and Air Force Exchange Service (“AAFES”). The district court dismissed the plaintiff’s complaint for lack of jurisdiction. We reverse. The complaint in part is certainly subject to certain jurisdictional defects. On the other hand, the defendant made only a “facial attack” and not a “factual attack” on plaintiff’s claim of jurisdiction.
The complaint was filed July 21, 1977, and the Secretary answered on October 5, 1977. The…
2Cases cited8 opinions
- Brown v. General Services AdministrationSupreme Court of the United States · 1976
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
- James F. EDWARDS, Plaintiff-Appellant, v. KAISER ALUMINUM & CHEMICAL SALES, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975
- George L. CHARLIER and George B. Russell, Plaintiffs-Appellants, v. S. C. JOHNSON & SON, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by449 opinions
- New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
- Jose Demelo and Marie Demelo v. Toche Marine, Inc., Woolsey Marine Industries, Inc.Court of Appeals for the Fifth Circuit · 1983
- St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management AgencyCourt of Appeals for the Fifth Circuit · 2009
- 39 Fair empl.prac.cas. 162, 38 Empl. Prac. Dec. P 35,583 Eligio Castro and Rafael Diaz Diaz v. United States of AmericaCourt of Appeals for the First Circuit · 1985
- Richard D. LAFLEUR, Plaintiff-Appellee, v. TEXAS DEPARTMENT OF HEALTH, Et Al., Defendants, and Susan Steeg, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1997
444 more not listed; retrieve them via the Exa API.