Legal Opinion
Phillips v. Sherman
District Court, N.D. New York
Decided September 22, 1961No. Civ. A. 8494PublishedCited by 15 opinions
1Opinion of the Court
JAMES T. FOLEY, District Judge.
This class action is challenged in a motion to dismiss for lack of jurisdiction by both defendants. The several stated reasons in support of the motion may be generalized: incompatibility and antagonism of the named plaintiff’s interest with that of the members of the particular Fund involved to such degree that would not fairly insure the adequate representation in this type action by the individual plaintiff as the sole representative for the group; such small number of the members of the class involved as beneficiaries of the Fund and the fact of their…
2Cases cited11 opinions
- Hansberry v. LeeSupreme Court of the United States · 1940
- Sunal v. LargeSupreme Court of the United States · 1947
- Sunal v. LargeSupreme Court of the United States · 1947
- United States v. CarverSupreme Court of the United States · 1923
- House v. MayoSupreme Court of the United States · 1945
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Demarco v. EdensCourt of Appeals for the Second Circuit · 1968
- Moscarelli v. StammDistrict Court, E.D. New York · 1968
- James M. Poindexter, Jr. v. William A. Teubert, Chief of Police, Department of the City of BeckleyCourt of Appeals for the Fourth Circuit · 1972
- Morse/Diesel, Inc. v. Fidelity & Deposit Co.District Court, S.D. New York · 1988
- Gabel v. Hughes Air Corp.District Court, C.D. California · 1972
10 more not listed; retrieve them via the Exa API.