Legal Opinion
Overstock Book Company v. Barry
District Court, E.D. New York
Decided October 31, 1969No. 69-C-516PublishedCited by 17 opinions
1Opinion of the Court
TRAVIA, District Judge.
This matter comes on by way of a motion by the plaintiff for preliminary and permanent injunctions, for declaratory judgment, for damages and for the convening of a Three Judge Court. The defendants and the Attorney General of the State of New York seek by way of cross motions to dismiss the action under F.R.Civ.P. 12(b) (1) and (6), contending that this court lacks subject matter jurisdiction (failure to raise a substantial federal question) and that the complaint fails to state a claim upon which relief can be granted.
The complaint alleges in substance that the…
2Cases cited39 opinions
- Pierson v. RaySupreme Court of the United States · 1967
- Bell v. HoodSupreme Court of the United States · 1946
- Roth v. United StatesSupreme Court of the United States · 1957
- Hanna v. PlumerSupreme Court of the United States · 1965
- Dombrowski v. PfisterSupreme Court of the United States · 1965
34 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. HellerNew York Court of Appeals · 1973
- People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.Supreme Court of Colorado · 1985
- Demich, Inc. v. FerdonCourt of Appeals for the Ninth Circuit · 1970
- State v. FarrellSupreme Court of Iowa · 1973
- Overstock Book Co. v. BarryCourt of Appeals for the Second Circuit · 1970
12 more not listed; retrieve them via the Exa API.