Opinion

Aerojet-General Corporation v. Reubin O'DOnOvan Askew, Governor of the State of Florida

  • 453 F.2d 819
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 2, 1972
Status
Published
On the bench
Godbold, Simpson, Clark
Cited by
35 cases

following Ford Motor Co. to hold that "defendants did not waive the right to claim immunity from suit under the Eleventh Amendment to the Constitution by defending on the merits in the district court" where the court of appeals on its own motion raised the sovereign immunity issue for the first time at oral argument

How later courts described this case

  • following Ford Motor Co. to hold that "defendants did not waive the right to claim immunity from suit under the Eleventh Amendment to the Constitution by defending on the merits in the district court" where the court of appeals on its own motion raised the sovereign immunity issue for the first time at oral argument
  • "The failure to render a promised performance may not be a breach of contract for the reason that performance has become impossible without fault; but it is nonetheless a failure of consideration discharging the other party from his duty to make the agreed return and giving him a right to the restitution of payments already made or other benefits already conferred."

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

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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