· 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issues and stating “[i]n this circuit, once a published opinion is filed, it becomes the law of the circuit until withdrawn or reversed by the Supreme Court or an en banc court.”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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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