Opinion · Court of Appeals for the Fifth Circuit

Iron Arrow Honor Society, Etc., John T. Benedict, Etc. v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

597 F.2d 590

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1979-06-11
Topic
employee-benefits-and-executive-compensation

PER CURIAM: In light of the unequivocal statement of the position of the University of Miami that but for the action of the Secretary of Health, Education and Welfare it would not have barred and would not in the future bar the Iron Arrow Honor Society from its campus, the decision of the district court on standing of the Society is reversed. Gladstone Realtors v. Village of Bellwood, Part II, - U.S.-,-, 99 S.Ct. 1601, 60 L.Ed.2d 66 (1979); Duke Power Co. v. Carolina Environmental Study Group, 438 U. S. 59, 98 S.Ct. 2620, 2630, 57 L.Ed.2d 595 (1978).

Citator

UpLaw has not yet analyzed Iron Arrow Honor Society, Etc., John T. Benedict, Etc. v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions
IRON ARROW HONOR SOCIETY, v. CALIFANO,597 F.2d 590(5th Cir. 1979)
IRON ARROW HONOR SOCIETY, ETC., PLAINTIFF-APPELLANT, JOHN T. BENEDICT, ETC.,
PLAINTIFF, v. JOSEPH A. CALIFANO, JR., SECRETARY OF HEALTH, EDUCATION AND
WELFARE, ET AL., DEFENDANTS-APPELLEES.
No. 77-2375.
United States Court of Appeals, Fifth Circuit.
June 11, 1979.
Elizabeth J. duFresne, Miami, Fla., for plaintiff-appellant.Page 591

Jacob V. Eskenazi, U.S. Atty., Miami, Fla., Alexander C. Ross, Drew S. Days, III, Attys., U.S. Dept. of Justice, Washington, D.C., Charles C. Kline, Miami, Fla., Teresa T. Milton, Atty., Dept. of Justice, Washington, D.C., Byron B. Mathews, Jr., Miami, Fla., for defendants-appellees.
Appeal from the United States District Court for the Southern District of Florida; James Lawrence King, Judge.
Before BROWN, Chief Judge, CLARK and VANCE, Circuit Judges.
PER CURIAM:
[1] In light of the unequivocal statement of the position of the University of Miami that but for the action of the Secretary of Health, Education and Welfare it would not have barred and would not in the future bar the Iron Arrow Honor Society from its campus, the decision of the District court on standing of the Society is reversed.Gladstone Realtors v. Village of Bellwood,Part II,___ U.S. ___, ___,99 S.Ct. 1601,60 L.Ed.2d 66(1979);Duke Power Co. v. Carolina Environmental Study Group,438 U.S. 59,98 S.Ct. 2620,2630,57 L.Ed.2d 595(1978).

[2] REVERSED.