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Opm Vs. Richmond

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  • US Supreme Court
  • Jun 11, 1990

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81 entries 8 linked 73 unlinked
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  1. ins Vs. Hibi US Supreme Court · Oct 23, 1973
  2. Schweiker Vs. Hansen US Supreme Court · Apr 06, 1981
  3. ins Vs. Miranda US Supreme Court · Nov 08, 1982
  4. Montana Vs. Kennedy US Supreme Court · May 22, 1961
  5. Library of Congress Vs. Shaw US Supreme Court · Jul 01, 1986
  6. Federal Crop Ins. Corp Vs. Merrill US Supreme Court · Nov 10, 1947
  7. Delta Air Lines, Inc. Vs. August US Supreme Court · Mar 09, 1981
  8. Teague Vs. Lane US Supreme Court · Feb 22, 1989
  9. U.S. 414 (1990) U.S. Supreme Court OPM v. Richmond
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  10. U.S. 414 (1990) Office of Personnel Management v. Richmond
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  11. permitted by law. Pp. 496 U. S. 419 -434. (a) Although dicta in some recent cases -- e.g., Montana v. Kennedy
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  12. where the Government might be estopped. Heckler v. Community
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  13. we have recognized that equitable estoppel will not lie against the Government as against private litigants. In Lee v. Munroe
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  14. the Secretary of War where there was no statutory authority for the issuance of the bills. In Utah Power & Light Co. v. United
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  15. The principles of these and many other cases were reiterated in Federal Crop Insurance Corporation v. Merrill
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  16. could be appropriate. The genesis of this idea appears to be an observation found at the end of our opinion in Montana v. Kennedy
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  17. might give rise to estoppel against the Government. See INS v. Hibi
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  18. misconduct' on the part of the Government might estop it from denying citizenship was left open in Montana v. Kennedy
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  19. Heckler v. Community
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  20. United States v. Mitchell
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  21. Cincinnati Soap Co. v. United
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  22. States, 301 U. S. 308 , 301 U. S. 321 (1937) (citing Reeside v. Walker
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  23. Knote v. United
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  24. of the equitable doctrine of estoppel cannot grant respondent a money remedy that Congress has not authorized. See INS v. Pangilinan
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  25. Clause, for reasons that are apparent. Given the strict rule against estoppel applied as early as 1813 in Lee v. Munroe
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  26. Cranch 366 (1813), claims of estoppel could be dismissed on that ground without more. In our cases following Montana v. Kennedy
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  27. in other contexts, see id. Page 496 U. S. 427 at 467 U. S. 60 (suggesting that United States v. Pennsylvania
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  28. Stat. 3794. One example is of particular relevance. In Schweiker v. Hansen
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  29. This principle is set forth in our leading case on jurisdiction over claims against the Government, United States v. Testan
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  30. for suits against the Government must be strictly construed in its favor, see, e.g., Library of Congress v. Shaw
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  31. McMahon v. United
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  32. Hansen v. Harris
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  33. F.2d 942, 954 (CA2 1980) (Friendly, J., dissenting), rev'd sub nom. Schweiker v. Hansen
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  34. Ante at 496 U. S. 423 . In my view, the case principally relied on by respondent, United States v. Pennsylvania
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  35. Page 496 U. S. 435 The Executive Branch does not have the dispensing power on its own, See Kendall v. United
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  36. may never fall even if they violate a command of the Constitution such as the Just Compensation Clause, cf. Jacobs v. United
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  37. or if they encroach on the powers reserved to another branch of the Federal Government. Although Knote v. United
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  38. equities favoring respondent's position, but I am persuaded that unless the 5-to-4 decision in Federal Crop Ins. Corp. v. Merrill
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  39. by Congress or this Court, this kind of maladministration must be tolerated. I think the case is closer to Schweiker v. Hansen
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  40. U. S. 785 (1981), and Heckler v. Community
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  41. Health Services of Crawford County, Inc., 467 U. S. 51 (1984), than to Moser v. United
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  42. States, 341 U. S. 41 (1951), and United States v. Pennsylvania
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  43. Ante at 496 U. S. 424 (quoting Cincinnati Soap Co. v. United
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  44. the Government itself suggests that the Court was engaging in just such a brand of statutory interpretation in Moser v. United
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  45. to authorize equitable exceptions though the plain language of the statute suggested a contrary result. In Zipes v. Trans
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  46. Id. at 455 U. S. 393 (footnote omitted). See also e.g., Hallstrom v. Tillamook
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  47. County, 493 U. S. 20 , 493 U. S. 27 (1989). Similarly, in Crown, Cork & Seal Co. v. Parker
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  48. in appropriate circumstances, notwithstanding that the statute on its face did not allow exceptions. See also Burnett v. New
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  49. Hallstrom, supra, 493 U.S. at 493 U. S. 27 -28 (quoting Johnson v. Railway
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  50. benefits by his reliance on misinformation from the responsible federal authorities. Cf. Baldwin County Welcome Center v. Brown
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