Bennett v. Plenert, 112 F.3d 402 (9th Cir. 1997). · Go Syfert
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Bennett v. Plenert, 112 F.3d 402 (9th Cir. 1997). Cases Citing This Book View Copy Cite
12 citation events (5 in the last 25 years) across 4 distinct courts.
Strongest positive: Nissen v. Coquille Economic Development Corp. (coquct, 2010-12-03)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Nissen v. Coquille Economic Development Corp.
coquct · 2010 · confidence medium
“Unless a grant of jurisdiction over a particular case affirmatively appears, we are presumed to lack jurisdiction.” National Treasury Employees Union v. Federal Labor Relations Authority, 112 F.3d 402, 404 (9th Cir.1997).
discussed Cited as authority (rule) Metcalf v. Coquille Indian Tribal Council
coquct · 2009 · confidence medium
“Unless a grant of jurisdiction over a particular case affirmatively appears, we are presumed to lack jurisdiction.” National Treasury Employees Union v. Federal Labor Relations Authority, 112 F.3d 402, 404 (9th Cir.1997).
discussed Cited as authority (rule) Jeffrey W. Eisinger v. Federal Labor Relations Authority (2×) also: Cited "see"
Fed. Cir. · 2000 · confidence medium
The FLRA, citing National Treasury Employees Union (NTEU) v. FLRA, 112 F.3d 402, 406 (9th Cir.1997) (per curiam), noted that if its regulations on standing are “in excess of its delegated powers and contrary to a specific [statutory] provision,” then the district court has original jurisdiction.
discussed Cited "see" National Association of Agriculture Employees v. Federal Labor Relations Authority, and Customs and Border Protection, Intervenor
9th Cir. · 2007 · signal: see · confidence high
See Nat'l Treasury Employees Union v. FLRA, 112 F.3d 402 , 406 (9th Cir.1997) (per curiam) ("If the FLRA acts in excess of its delegated powers and contrary to a specific [statutory] prohibition,' district courts have jurisdiction[.]” (quoting Leedom, 358 U.S. at 188 , 79 S.Ct. 180 )).
discussed Cited "see" National Association of Agriculture Employees v. Federal Labor Relations Authority
9th Cir. · 2007 · signal: see · confidence high
See Nat’l Treasury Employees Union v. FLRA, 112 F.3d 402 , 406 (9th Cir. 1997) (per curiam) (“If the FLRA acts ‘in excess of its delegated powers and contrary to a specific [statutory] prohibition,’ district courts have jurisdiction[.]” (quoting Leedom, 358 U.S. at 188 )).
discussed Cited "see" 60 soc.sec.rep.ser. 1, 99 Cal. Daily Op. Serv. 912, 1999 Daily Journal D.A.R. 1149 State of California Department of Social Services v. Donna E. Shalala, Secretary, the Department of Health and Human Services
9th Cir. · 1999 · signal: see · confidence high
See National Treasury Employees Union v. Federal Labor Relations Auth., 112 F.3d 402 , 404 (9th Cir.1997). 3 Contrary to CDSS's claim, our holding does not leave CDSS without recourse to the judiciary.
cited Cited "see" California v. Shalala
9th Cir. · 1999 · signal: see · confidence high
See National Treasury Employees Union v. Federal Labor Relations Auth., 112 F.3d 402 , 404 (9th Cir.1997).
discussed Cited "see, e.g." Johanna K. Begay v. Department of the Interior
Fed. Cir. · 1998 · signal: see also · confidence low
(Emphasis added.) Our sister circuits that have addressed the scope of this provision “essentially have concurred that an Authority decision is reviewable only if an unfair labor practice is either an explicit or necessary (implied) ground for disposition of the arbitrated grievance.” Philadelphia Metal Trades Council v. Federal Labor Relations Auth., 963 F.2d 38 , 40 (3d Cir.1992) (citing cases) (internal quotation marks omitted); see also National Treasury Employees Union v. Federal Labor Relations Auth., 112 F.3d 402 , 404 (9th Cir.1997); American Fed’n of Gov’t Employees, AFL-CIO, …
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Brad Bennett Mario Giordano Langell Valley Irrigation District, a Political Subdivision of the State of Oregon Horsefly Irrigation District, a Political Subdivision of the State of Oregon
v.
Marvin L. Plenert, in His Official Capacity as Regional Director, Region One, Fish and Wildlife Service, U.S. Department of the Interior John F. Turner, in His Official Capacity as Director, Fish and Wildlife Service, U.S. Department of the Interior Bruce Babbitt, in His Official Capacity as Secretary, U.S. Department of the Interior
94-35008.
Court of Appeals for the Ninth Circuit.
Apr 23, 1997.
112 F.3d 402
Published

112 F.3d 402

Brad BENNETT; Mario Giordano; Langell Valley Irrigation
District, a political subdivision of the state of Oregon;
Horsefly Irrigation District, a political subdivision of the
State of Oregon, Plaintiffs-Appellants,
v.
Marvin L. PLENERT, in his official capacity as Regional
Director, Region One, Fish and Wildlife Service, U.S.
Department of the Interior; John F. Turner, in his official
capacity as Director, Fish and Wildlife Service, U.S.
Department of the Interior; Bruce Babbitt, in his official
capacity as Secretary, U.S. Department of the Interior,
Defendants-Appellees.

No. 94-35008.

United States Court of Appeals,
Ninth Circuit.

April 23, 1997.

On remand from the United States Supreme Court.

Prior report: --- U.S. ----, 117 S.Ct. 1154, 137 L.Ed.2d 281.

Before: PREGERSON, CANBY, and REINHARDT, Circuit Judges.

ORDER

1

In accordance with the judgment of the United States Supreme Court, decided March 19, 1997, the judgment of the district court, 1993 WL 669429, is vacated and the case remanded for further proceedings not inconsistent with the Supreme Court's opinion.