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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.