James O. Gorman v. Army and Air Force Exchange Service

686 F.2d 263, 1982 U.S. App. LEXIS 25509

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 20, 1982
• Docket: 79-1495
• Status: Published

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before GOLDBERG, GARZA and REAVLEY, Circuit Judges.

PER CURIAM:

The Supreme Court has vacated our judgment (see 619 F.2d 1141) and remanded for further consideration in light of Army And Air Force Exchange Service v. Sheehan, 456 U.S. -, 102 S.Ct. 2118, 72 L.Ed.2d 520 (1982). It is therefore decided, as in Sheehan, 686 F.2d 262 (5th Cir. 1982) that the district court lacks subject matter jurisdiction for Gorman’s monetary claim but does have jurisdiction for the nonmonetary claim.

The district court’s judgment is AFFIRMED with respect to Sheehan’s claim for monetary relief, and REVERSED and REMANDED with respect to Sheehan’s claim for nonmonetary relief.