NEWBY ET AL.
v.
DEPARTMENT OF LABOR

U.S. | 1985-10-15
No. 85-5262
474 U.S. 898 Supreme Court of the United States (1985) Positive Treatment
Cited by 2 cases
Dissent
Justice Brennan and Justice Marshall,

Justice Brennan and Justice Marshall,

dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

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  • Murray v. Carrier, 477 U.S. 478 (U.S. 1986)
  • United States v. Mottaz, 476 U.S. 834 (U.S. 1986)
    …hth Circuit lacked jurisdiction over respondent’s appeal, and we would have to vacate its’judgment and remand the case with directions to transfer the appeal pursuant to 28 U. S. C. § 1631 to the Federal Circuit. See, e. g., Ballam v. United States, 474 U. S. 898 (1986); Pacyna v. Marsh, 474 U. S. 1078 (1986). In light of our conclusion that the District Court’s jurisdiction was not based on the Tucker Act, but instead rested on § 1346(f) (Quiet Title Act claims), we need not reach the difficult and unsettl…

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