Legal Opinion
Neiderhiser v. Borough of Berwick
Court of Appeals for the Third Circuit
Decided March 1, 1988No. 87-5505PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal arises from an order of the district court, which dismissed plaintiffs’ claims brought pursuant to 42 U.S.C. § 1983 on grounds that there was no viable case or controversy before the court, and therefore no jurisdiction. Because we find that plaintiffs did allege a cause of action encompassing a viable case or controversy, we conclude that the district court had jurisdiction, and will reverse.
I
In June of 1986, Hollywood Video (“Hollywood”) 1 entered into an agreement to lease the premises at 906 Market Street in the Borough of Berwick…
2Cases cited23 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
- Roth v. United StatesSupreme Court of the United States · 1957
- Powell v. McCormackSupreme Court of the United States · 1969
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Deblasio v. Zoning Board Of Adjustment For The Township Of West AmwellCourt of Appeals for the Third Circuit · 1995
- Liberty Mutual Insurance Company v. Ward Trucking Corp.Court of Appeals for the Third Circuit · 1995
- Independent Enterprises Inc. Thomas Lozecki v. Pittsburgh Water and Sewer Authority City of PittsburghCourt of Appeals for the Third Circuit · 1997
- Arthur Berardi v. Swanson Memorial Lodge No. 48 of the Fraternal Order of PoliceCourt of Appeals for the Third Circuit · 1990
- D.H.L. Associates, Inc. v. O'GormanCourt of Appeals for the First Circuit · 1999
29 more not listed; retrieve them via the Exa API.