· 10/25/1977
Ralph T. Overman v. United States of America, Fred Hornkohl and Frances Overman
Citations
- 563 F.2d 1287
- 44 A.L.R. Fed. 485
- 1977 U.S. App. LEXIS 11057
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that 42 U.S.C. § 659 does not waive the United States’ sovereign immunity for any claims related to child-support or alimony payments other that those brought by a state to enforce an obligation
- where claims against federal officer, who removed under § 1442(a)(1), were concluded, court strongly suggested use of discretionary remand as to non-federal defendants
- held that waiver of sovereign immunity did not include suit against United States to challenge validity of garnishment based on allegedly fraudulent divorce decree
- “Under § 659, the United States must respond to the garnishment to the same ex- tent as a private person for similar legal process and only to that extent.”
- “There is, and ought to be, a continuing federal policy to avoid handling domestic relations cases in federal court in the absence of important concerns of a constitutional dimension.”
- “There is, and ought to be, a continuing federal policy to avoid handling domestic relations cases in federal court in the absence of important concerns of a constitutional dimension.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lay, Bright, Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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