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· 4/25/1994

Richard Donald Chambers v. United States of America, (Two Cases)

Citations

  • 22 F.3d 939
  • 1994 WL 145075

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting the argument filed panel decision is not binding until mandate issues and stating “[i]n this circuit, once a published opinion is filed, it becomes the law of the circuit until withdrawn or reversed by the Supreme Court or an en banc court.”
  • “With a 12(b)(1) motion, a court may weigh the evidence 23 to determine whether it has jurisdiction.”
  • “dismissal based on Eleventh Amendment immunity is not a dismissal for lack of subject matter jurisdiction, but instead rests on an affirmative defense.”
  • “With a 12(b)(1) motion, a court may weigh the evidence 23 to determine whether it has jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Nelson, Kaufman

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.