Opinion

Richardson v. McFadden

  • 563 F.2d 1130
  • 15 Empl. Prac. Dec. (CCH) 7881
  • 1977 U.S. App. LEXIS 11208
Court
Court of Appeals for the Fourth Circuit
Filed
Oct 12, 1977
Status
Published
Author
Boreman
On the bench
Boreman, Hall
Cited by
30 cases

discussing the impropriety of ruling on the merits when a federal court lacks jurisdiction

How later courts described this case

  • discussing the impropriety of ruling on the merits when a federal court lacks jurisdiction
  • reversing decision at 540 F.2d at 744 inasmuch as this earlier opinion granted any relief
  • court raised doubts about its subject matter jurisdiction but exercised the same in view of the lack of proof presented by plaintiffs
  • persons who administer bar examinations and judge the fitness of applicants to practice law perform a judicial function

Written by the judges who cited it.

The opinion

BOREMAN, Senior Circuit Judge,

concurring specially in the result:

As a Senior Circuit Judge I was a member of the panel of three which considered and decided the appeal. Having served on that panel I was qualified to participate in the rehearing in banc which was ordered by the court.

Upon the rehearing in banc I have been persuaded that the jurisdictional question raised was not accorded the serious consideration by the panel to which it was entitled. From the arguments presented, in briefs and orally, and upon careful review of the opinions of other highly respected circuit courts of appeals I am convinced that the federal district court should have dismissed this action for lack of subject matter jurisdiction.

Therefore, I join HALL, J., in his opinion in which he concurs in the result and for the reasons as set forth by him therein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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