Legal Opinion
Moskowitz v. Nelson
District Court, E.D. Wisconsin
Decided March 25, 1963No. 61-C-209PublishedCited by 2 opinions
1Opinion of the Court
TEHAN, Chief Judge.
Defendant has filed a motion to dismiss plaintiff’s complaint on two grounds:
1. The complaint fails to state a cause of action on which relief can be granted.
2. The action is, in effect, one against the United States, and the United States has not consented to be sued in a proceeding of this nature.
After the oral argument, further briefs were submitted by counsel for the parties and affidavits filed. The court has considered the pleadings, arguments of counsel and briefs and affidavits, and is prepared to make its decision.
Plaintiff, as Trustee in Bankruptcy ol the…
2Cases cited6 opinions
- United States v. Edward I. Eiland, Trustee in Bankruptcy of Sport Coal Company, Inc., a Corporation, BankruptCourt of Appeals for the Fourth Circuit · 1955
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a BankruptCourt of Appeals for the Ninth Circuit · 1956
- Abeken v. United StatesDistrict Court, E.D. Missouri · 1939
- Brennan v. United StatesDistrict Court, D. Connecticut · 1954
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
- Ansfield v. Whitewater Oil Co.District Court, E.D. Wisconsin · 1966