SGARLATO

v.

KLEIN

Citator

Cited By

• Block v. N.D. Ex rel. Bd. of Univ. & Sch. Lands, 461 U.S. 273 (U.S. 1983)
  …parties to the State’s suit, and the court concluded that their rights should be left unaffected by the judgment. Id., at 622. See, e. g., County of Bonner v. Anderson, 439 F. 2d 764 (CA9 1971); Simons v. Vinson, 394 F. 2d 732 (CA5), cert. denied, 393 U. S. 968 (1968); Gardner v. Harris, 391 F. 2d 885 (CA5 1968); Switzerland Co. v. Udall, 387 F. 2d 56 (CA4 1964), cert. denied, 380 U. S. 914 (1965). One Court of Appeals, however, construed Malone narrowly. See Armstrong v. Udall, 435 F. 2d 38, 42 (CA9 1970)…
• Gnotta v. United States, 415 F.2d 1271 (8th Cir. 1969)
  …officer’s act is beyond his statutory power or where, although the action is within the scope of his authority, the power, or the manner of its exercise, is constitutionally void. See Simons v. Vinson, 394 F. 2d 732, 736 (5 Cir. 1968), cert. denied, 393 U.S. 968, 89 S.Ct. 398, 21 L.Ed.2d 379. The first and second counts thus were properly dismissed as to all named defendants. The third or damage count remains. For the reasons set forth above, it, too, is dismissable as to all defendants named other than t…
• Scholder v. United States, 428 F.2d 1123 (9th Cir. 1970)
  …ffairs are merely administrative arms of the United States. Because the expenditure claims fail against the United States, they must also fail against the Department and the Bureau. (See Simons v. Vinson (5th Cir.) 394 F. 2d 732, cert. denied (1968) 393 U.S. 968, 89 S.Ct. 398, 21 L.Ed.2d 379; Choumos v. United States (10th Cir. 1964) 335 F. 2d 918.) This brings us to the expenditure claims against the named officials. Courts “[will] indulge in the legal fiction that a suit against a government officer in h…