Legal Opinion
Cresci v. Music Publishers Holding Corporation
District Court, S.D. New York
Decided October 19, 1962PublishedCited by 16 opinions
1Opinion of the Court
FREDERICK van PELT BRYAN, District Judge.
Defendants move pursuant to Rule 12 (h), F.R.Civ.P., to dismiss the amended complaint for lack of jurisdiction of the subject matter. Plaintiffs have cross-moved for leave to serve a further amended complaint under Rule 15(a), F.R.C.P.
In order to dispose finally of the question of subject matter jurisdiction raised by defendants’ motion to dismiss, plaintiffs’ cross-motion to amend further will be granted and the defendants’ motion will be deemed addressed to the complaint as so further amended.
Plaintiffs are the surviving daughters of Mort Dixon, a…
2Cases cited24 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Hurn v. OurslerSupreme Court of the United States · 1933
- De Sylva v. BallentineSupreme Court of the United States · 1956
- Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
- Bassett v. Mashantucket Pequot TribeCourt of Appeals for the Second Circuit · 2000
- Marguerite Dolch v. United California Bank, a Corporation and Catherine D. McAndrewCourt of Appeals for the Ninth Circuit · 1983
- Rare Earth, Inc. v. HoorelbekeDistrict Court, S.D. New York · 1975
- Bear Creek Productions, Inc. v. SalehDistrict Court, S.D. New York · 1986
11 more not listed; retrieve them via the Exa API.