Legal Opinion

De Windt v. O'Leary

District Court, S.D. New York

Decided February 2, 1954PublishedCited by 2 opinions

1Opinion of the Court

WEINFELD, District Judge.

Plaintiff, appearing in person, alleges a claim charging the defendant with the violation of her rights under the Civil Rights Act.1

The defendant moves, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., or; in the alternative, to dismiss the action on the ground the complaint fails to state a claim against defendant upon which relief can be granted. The plaintiff cross moves for judgment on the pleadings.

The complaint in substance charges that the defendant, an assistant calendar clerk of Special Term Part III of the…

2Cases cited4 opinions

  1. Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
  2. New York Central Railroad v. Beacon Milling Co.New York Supreme Court · 1945
  3. Ellis v. Central Hanover Bank & Trust Co.New York Supreme Court · 1951
  4. Calagna v. GreenAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by2 opinions

  1. Walle v. DallettDistrict Court, S.D. New York · 1955
  2. Pistorino & Co. v. United StatesUnited States Customs Court · 1971

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