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SMITH v. BRADY

No. C-89-1535 FMS.

744 F.Supp. 925 (1990)

Teresa SMITH, Plaintiff, v. Nicholas BRADY, Secretary of the Treasury; Internal Revenue Service; Lawrence Gibbs, Commissioner of Internal Revenue; Frank Miceli, San Francisco District Director of the Internal Revenue Service, Defendants.

United States District Court, N.D. California.

August 8, 1990.

Attorney(s) appearing for the Case

Priscilla Winslow, Martin Fassler, Winslow & Fassler, Oakland, Cal., for plaintiff.

Stephen L. Schirle and Mark St. Angelo, Chief, Civil Div., Asst. U.S. Atty., San Francisco, Cal., for defendants.

ORDER GRANTING SUMMARY JUDGMENT

FERN M. SMITH, District Judge.

This is an action for a declaratory judgment on the issue of whether the waiver of the United States' sovereign immunity from interest on back pay awards, contained in the Back Pay Act, 5 U.S.C. § 5596, applies to actions filed under Title VII. The matter came before the Court for hearing on the parties' cross motions for summary judgment on June 27, 1990. For the reasons discussed herein...

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