Legal Opinion
Cass Clay, Inc. v. Northwestern Public Service Co.
District Court, D. South Dakota
Decided April 26, 1974No. Civ. 73-4062PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION
NICHOL, Chief Judge.
This class action was brought by electric consumers against a power company for rate overcharges which, plaintiffs allege, were in breach of a statute and in violation of a municipal ordinance. The defendant’s Motion to Dismiss presents the issue of whether those members of the class whose individual claims do not meet the $10,000 jurisdictional minimum can aggregate their claims and thus acquire access to the federal forum.
The named plaintiff, Cass Clay, Inc., which is incorporated and has its principal place of business in North Dakota, brings this…
2Cases cited17 opinions
- Snyder v. HarrisSupreme Court of the United States · 1969
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Karen Jean Hymer v. Benjamin K. Chal and Victoria Leilani ChaiCourt of Appeals for the Ninth Circuit · 1969
- Jacobson v. Atlantic City HospitalCourt of Appeals for the Third Circuit · 1968
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Elsie Simer v. Richard J. Rios, Acting Director of Community Services Administration Community Services AdministrationCourt of Appeals for the Seventh Circuit · 1981
- County of Suffolk v. Long Island Lighting Co.District Court, E.D. New York · 1989
- National Organization for Women v. Mutual of Omaha InsuranceDistrict Court, District of Columbia · 1985
- Freeman v. Gordon & Breach, Science Publishers, Inc.District Court, S.D. New York · 1975
- Elsie Simer v. Richard J. Rios, Acting Director of Community Services Administration Community Services AdministrationCourt of Appeals for the Seventh Circuit · 1981
2 more not listed; retrieve them via the Exa API.