Legal Opinion

Monks v. Hetherington

District Court, W.D. Oklahoma

Decided March 30, 1977No. CIV-76-0148-TPublishedCited by 1 opinion

1Opinion of the Court

ORDER OF DISMISSAL

RALPH G. THOMPSON, District Judge.

Plaintiffs have brought this action asserting that this Court has jurisdiction pursuant to 28 U.S.C. §§ 1343 and 1331. Through section 1343 they wish to pursue an action founded upon 42 U.S.C. § 1983 for an alleged deprivation of civil rights under color of state law. Section 1331 is urged as a basis for jurisdiction for declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202.

Defendant has moved to dismiss pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, for lack of subject matter jurisdiction and for the…

2Cases cited5 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  4. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  5. Hetherington v. Griffin Television, Inc.District Court, W.D. Oklahoma · 1977

3Cited by1 opinion

  1. Vicki Monks, an Individual and Griffin Television, Inc., an Oklahoma Corporation v. Clark Hetherington, an IndividualCourt of Appeals for the Tenth Circuit · 1978

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