LEE V. THORNTON, 420 U. S. 139 (1975)

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U.S. Supreme Court

Lee v. Thornton, 420 U.S. 139 (1975)

Lee v. Thornton

No. 73-7006

Decided February 18, 1975

420 U.S. 139


The district courts' jurisdiction under Tucker Act over "any civil action or claim against the United States . . . founded either upon the Constitution or any Act of Congress," did not give District Court here jurisdiction over appellants' claims to enjoin enforcement of certain challenged provisions of the customs laws, since the Tucker Act empowers a district court only to award damages. Therefore, a three-judge court was improperly convened, and this Court has no jurisdiction over the appeal based on the District Court's refusal to grant injunctive relief founded on certain constitutional claims.

370 F.Supp. 312, vacated and remanded.

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