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Abner J Mikva — Part 1
Page 71
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WMFO 161D-HQ-1077114
FL: gf
lL
CIVIL SUIT
The following investigation was conducted by Special
Agent (sa[___leoncerning the appointee, ABNER JOSEPH
MIKVA, who ha isted on the supplement to his Security
Questionnaire that he was a defendant in a law suit challenging
his appointment to the United States Court of Appeals for the
District of Columbia Circuit (CADCC) in a case entitled MCCLURE
vs CARTER. He also listed that the law suit was dismissed for
lack of jurisdiction.
On September 2, 1994,[ sd Administrative
Secretary to the Appointee, stated that the above law suit was
originally known as JAMES A. MCCLURE, United States Senator,
Idaho (plaintiff) versus JAMES EARL CARTER, President of the
United States, and ABNER J. MIKVA (defendants). The civil law
suit (Number 79-1340) was filed on or about September 25, 1979,
in the United States District Court for the District of Idaho.
The matter was dismissed by the Court. Subsequently, the
plaintiff appealed the matter to the United States Court of
Appeals for the Ninth Circuit. This Court found it did not have
jurisdiction and accordingly dismissed the matter. It released
its opinion on May 5, 1981. Later on, the plaintiff appealed to
the United States Supreme Court, which affirmed the decisions of
the two lower courts.
made available photocopied pages numbered 265
through 271 from Volume 513 of the Federal Supplement. These
pages contain the results of the law suit in the two lower
courts. Also, she made available photocopied page number 1025
from Volume 454 of United States Reports. This page contains the
results of the law suit before the United States Supreme Court
during its October, 1981, term. Copies of these pages follow.
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