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United States Vs. Testan
Cites for this judgment
- US Supreme Court
- Mar 02, 1976
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U.S. 392 (1976) U.S. Supreme Court United States v. TestanSearch
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U.S. 392 (1976) United States v. TestanSearch
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had occasion to examine the jurisdiction of the Court of Claims under this statutory formulation. In United States v. KingSearch
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not grant the Court of Claims authority to issue declaratory judgments. Cited in support of all this were Glidden Co. v. ZdanokSearch
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United States v. JonesSearch
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and United States v. AlireSearch
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Wall. 573, 73 U. S. 575 (1868). See Lee v. ThorntonSearch
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recognized that the Act merely confers jurisdiction upon it whenever the substantive right exists. Eastport S.S. Corp. v. UnitedSearch
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United States v. KingSearch
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Soriano v. UnitedSearch
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Eastport S.S. Corp. v. UnitedSearch
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Brief any citation in this list with AI Studio
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Mosca v. UnitedSearch
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Amendment cases are tied to the language, purpose, and self-executing aspects of that constitutional provision, Jacobs v. UnitedSearch
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the employee is entitled to the emoluments of his position until he has been legally disqualified. United States v. WickershamSearch
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rule is that one is not entitled to the benefit of a position until he has been duly appointed to it. United States v. McLeanSearch
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Ganse v. UnitedSearch
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we see no suggestion in it or in its legislative history that Congress intended to alter it. The case of Selman v. UnitedSearch
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on the one hand, and retroactive reclassification resulting in money damages, on the other. See Edelman v. JordanSearch
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for the respondents for whatever backpay they lost during the period of their wrongful classifications. See Chambers v. UnitedSearch
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Page 424 U. S. 405 Respondents cite Allison v. UnitedSearch
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States, 196 Ct.Cl. 263, 451 F.2d 1035 (1971), and Pettit v. UnitedSearch
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damages in an Executive Order, and to that extent might be distinguishable from the instant case. But cf. Ogletree v. McNamaraSearch
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Gnotta v. UnitedSearch
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Manhattan-Bronx Postal Union v. GronouskiSearch
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analysis is now rejected, the analysis of Allison and Pettit is necessarily rejected. See also Chambers v. UnitedSearch
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e) (1975). So has the Court of Claims. See Desmond v. UnitedSearch
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discretion, courts refused to intervene where an employee claimed that he had been wrongfully discharged. Compare Keim v. UnitedSearch
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States, 177 U. S. 290 , 177 U. S. 293 -296 (1900), with United States v. WickershamSearch
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U. S. 390 (1906). See Sampson v. MurraySearch
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was invariably denied where the claim was that the employee had been denied a promotion on improper grounds. See Keim v. UnitedSearch
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the Court of Claims cases whose reasoning is directly in question here. Neither case supports the proposition. Walker v. KleindienstSearch
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by respondents), addressed the issue of the retroactivity of the Equal Employment Opportunity Act of 1972. Ainsworth v. UnitedSearch
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is not inconsistent, as to these issues, with other recent cases resolved by divided votes in that court. See Chambers v. UnitedSearch
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Allison v. UnitedSearch
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Small v. UnitedSearch
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Pettit v. UnitedSearch
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States, 203 Ct.Cl. 207, 488 F.2d 1026 (1973). But see Applegate v. UnitedSearch
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Roseman v. UnitedSearch
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Kaeserman v. UnitedSearch
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Barnum v. UnitedSearch
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will be able to obtain reclassification for the future through the mandamus action they instituted in 1971. See Testan v. HamptonSearch
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ed., Supp. IV). The nature of that explicit waiver of sovereign immunity is presently before the Court. See Brown v. GeneralSearch
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U.S. Supreme Court United States v. TestanSearch
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In United States v. KingSearch
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See Lee v. ThorntonSearch
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Jacobs v. UnitedSearch
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