Brancadora v. Federal Nat. Mortg. Ass'n
| Decision Date | 30 April 1965 |
| Docket Number | No. 19550.,19550. |
| Citation | 344 F.2d 933 |
| Parties | Helen BRANCADORA, Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Paul Akin, J. S. Baughman and Arthur Welch, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
I. A. Kanarek, Van Nuys, Cal., for appellant.
Phil H. Curry, Los Angeles, Cal., Stanley Rogers, Beverly Hills, Cal., for appellees.
Before JERTBERG and ELY, Circuit Judges, and POWELL, District Judge.
Helen Brancadora, plaintiff in the District Court and appellant here, appeals from order of dismissal of appellant's action.
The action was originally filed in the Superior Court of the State of California in and for the County of Los Angeles. In such complaint she sought damages, general and exemplary, against the appellees for wrongfully causing dismissal from her employment in a Federal Civil Service capacity as an "Examiner GS-4, Controller's Division, Los Angeles Agency" of the appellee Federal National Mortgage Association. In the complaint it is alleged that the corporate appellee is a corporation organized by an Act of Congress and exists pursuant to Federal law. It is further alleged that the individual appellees are agents and employees of the appellee corporation and that they employed fraudulent means and used the powers given them by the corporate appellee in such manner as to cause the corporate appellee to dismiss her.
It appears in the record that the United States is the owner of more than one-half of the capital stock of the corporate appellee.
Upon petition by the appellees the cause was removed from the state court to the United States District Court. No opposition to such removal was made by appellant.
Appellees filed their answer to the complaint in the District Court and all subsequent proceedings were had in that court.
During the course of discovery proceedings in the District Court it came to the attention of the District Court that the dismissal of appellant from her position had been reviewed under civil service regulations and affirmed. Thereupon the District Court requested both parties to brief the question of whether or not the case should be dismissed by reason of the lack of jurisdiction in the court to review appellant's dismissal from her classified Civil Service position. Thereafter the District Court entered its order dismissing appellant's action.
The record reveals that under date of December 29, 1961 appellant was notified in writing by appellee J. S. Baughman, president of the corporate appellee, of her proposed removal from her Civil Service position because of insubordination and an uncooperative and disrespectful attitude. Such notice advised appellant that she had ten days in which to reply personally or in writing to such proposed removal. Appellant replied to said notice in writing on January 8, 1962. On January 18, 1962 appellant was advised in writing of appellee Baughman's decision to remove her from the service effective February 4, 1962. In said notice appellant was advised of her right to appeal that decision to the Director of the 12th United States Civil Service Region in San Francisco, California. Appellant appealed to such director and her said appeal was denied. Thereafter appellant appealed the adverse decision to the Board of Appeal and Review of the United States Civil Service Commission in Washington, D. C., which upheld the decision of the 12th United States Civil Service Region.
Both on brief and oral argument counsel ...
To continue reading
Request your trial
-
Chicago and North Western Transportation Company v. Kalo Brick Tile Company
...doctrine barred the state courts from exercising their jurisdiction. 295 N.W.2d 467, 468-469 (1979). See Brancadora v. Federal Nat. Mortgage Assn., 344 F.2d 933, 935 (CA9 1965); Alaska v. K & L Distributors, Inc., 318 F.2d 498, 498 (CA9 6 The Iowa court also held the doctrine of primary jur......
-
Carr v. United States
...the courts do not apply a substantial evidence test, Seebach v. Cullen, 338 F.2d 663 (9th Cir. 1964); Brancadora v. Federal National Mortgage Ass'n, 344 F.2d 933 (9th Cir. 1965), the court departed from that view in Gray v. Macy, 358 F. 2d 742 (9th Cir. 1966), and Burke v. Carpenter, 387 F.......
-
Dennis v. Blount
...broadened its concept of the scope of review in such a case as this. In Seebach v. Cullen, 9 Cir. 1964, 338 F. 2d 663; Brancadora v. FNMA, 9 Cir., 1965, 344 F.2d 933; Taylor v. United States Civil Service Commission, 9 Cir., 1967, 374 F.2d 466; Mancilla v. United States, 9 Cir., 1967, 382 F......
-
Veatch v. Resor
...L.Ed. 2d 52 (1963). 3 Jenkins v. Macy, 8 Cir. 1966, 357 F.2d 62; Baum v. Zuckert, 6 Cir. 1965, 342 F.2d 145; Brancadora v. Federal Nat. Mortgage Ass'n, 9 Cir. 1965, 344 F.2d 933; Chiriaco v. United States, 5 Cir. 1964, 339 F.2d 588; Seebach v. Cullen, 9 Cir. 1964, 338 F.2d 663; Whiting v. C......