Legal Opinion
Blackmon Auctions, Inc. v. Van Buren Truck Center, Inc.
District Court, W.D. Arkansas
Decided August 28, 1995No. Civ. 95-2067PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
H. FRANKLIN WATERS, Chief Judge.
This is an interpleader action initiated by the stakeholder, Blackmon Auctions, with regard to certain auction proceeds in its possession. Two claimants, Jim W. Hale and Mary Jean Hale, have filed a motion to dismiss for lack of subject matter jurisdiction. Another claimant, the United States of America, has filed a response in opposition. The motion to dismiss shall be denied.
I. STANDARD OF REVIEW
In considering a 12(b)(1) motion to dismiss for lack of subject matter jurisdic tion, the complaint will be construed broadly and liberally in…
2Cases cited11 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
- United States v. BrosnanSupreme Court of the United States · 1960
- Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
- Commercial Union Insurance Company v. United States v. William ScottCourt of Appeals for the D.C. Circuit · 1993
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3Cited by13 opinions
- Amoco Production Co. v. Aspen GroupDistrict Court, D. Colorado · 1998
- Salomon Smith Barney, Inc. v. McDonnellDistrict Court, S.D. New York · 2001
- Shelter Mutual Insurance v. GregoryDistrict Court, M.D. Tennessee · 2008
- CPS Electric, Ltd. v. United StatesDistrict Court, N.D. New York · 2001
- Connecticut General Life Insurance v. WermelingerDistrict Court, N.D. Texas · 1996
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