Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

FRANK M. BURKE, JR., PLAINTIFF-APPELLANT, v. G. WILLIAM MILLER, SECRETARY OF THE TREASURY, ET AL., DEFENDANTS-APPELLEES.

ALVIN B. RUBIN, Circuit Judge:

The reasons the district court lacks jurisdiction are fully set forth in its lucid opinion. Burke v. Blumenthal, 504 F. Supp. 35 (N.D.Tex. 1980). We affirm the dismissal of this case for lack of jurisdiction.

The appellants argue that it is clear the government could not ultimately prevail on the merits under any circumstances. For the reasons set forth in the government's brief, the likelihood of government success is neither foreclosed nor negligible. It is, indeed, substantial.

The ability to fill more than 36 pages with no more than legal spun sugar does not make an argument substantial. The appeal is frivolous, and we award double costs. Rule 38 F.R.A.P. Because this appears to be adequate sanction, we refrain from awarding damages.

AFFIRMED.

Use AI to get other relevant cases.

Comments

BURKE v. MILLER
(Jan 23, 1981)