Legal Opinion
Leslie A. Duplisea v. Maine Central Railroad
Court of Appeals for the First Circuit
Decided October 31, 1958No. 5368PublishedCited by 6 opinions
1Per curiam
Appeal is taken from an order dismissing a complaint for lack of jurisdiction.
The complaint is conveniently vague as to the basis of federal jurisdiction. Clearly it is not diversity of citizenship under 28 U.S.C. § 1332, for the complaint alleges that plaintiff is a citizen of Maine and that defendant Railroad is a corporation incorporated under the laws of the State of Maine. Nor is there any allegation of a breach of a duty imposed or the violation of a right given by the Constitution, the Railway Labor Act, or any other federal statute. Compare Conley v. Gibson, 1957, 355 U.S. 41, 78…
2Cases cited7 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Tunstall v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of the United States · 1945
- Broady v. Illinois Cent. R. CoCourt of Appeals for the Seventh Circuit · 1951
- Starke v. New York, Chicago & St. Louis R. CoCourt of Appeals for the Seventh Circuit · 1950
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rumbaugh v. Winifrede Railroad CompanyCourt of Appeals for the Fourth Circuit · 1964
- Norman Garfield Kline, Jr. v. Florida Airlines, Inc.Court of Appeals for the Fifth Circuit · 1974
- International Ass'n of Machinists, AFL-CIO v. Central Airlines, Inc.Court of Appeals for the Fifth Circuit · 1961
- International Association Of Machinists, Afl-Cio, v. Central Airlines, Inc.Court of Appeals for the Fifth Circuit · 1961
- Rumbaugh v. Winifrede RailroadCourt of Appeals for the Fourth Circuit · 1964
1 more not listed; retrieve them via the Exa API.