(DOWNLOAD) "Rowan v. Department of Housing and Urban Development" by Fifth Circuit United States Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Rowan v. Department of Housing and Urban Development
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 13, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Because the jurisdiction of United States district courts is limited, and cannot be extended by consent or waiver, because our appellate jurisdiction is derivative, and because plaintiffs choose those courts in preference to other forums, we confront frequently the question whether an asserted claim lies within the jurisdiction of the district court. The problem becomes an enigma when, as here, there are two different claims, the district court is vested with jurisdiction of only one and another federal court is vested with jurisdiction of the other. There are three possible solutions to the riddle: dividing the case in half, upholding jurisdiction in the district court over a claim not permitted it by Congress because it may have jurisdiction of the other, or, because one of the claims is a contract claim in excess of $10,000, within the jurisdiction of the Court of Claims under the Tucker Act, transferring the case to that court. We review the situation that creates the problem.
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