Legal Opinion · Concurrence

Crater Lake Nat. Park Co. v. Oregon Liquor Control Commission

District Court, D. Oregon

Decided May 2, 1938No. 9726Published

1ConcurrenceHaney, Circuit Judge

I concur in the refusal of an interlocutory injunction, but I note that in addition to a motion therefor the cause was submitted upon a motion to dismiss the bill.

There are before us no allegations showing the amount of the taxes, fees, and penalties accrued. Inasmuch as the federal courts are courts of limited jurisdiction, our jurisdiction “must affirmatively and distinctly appear.” Norton v. Larney, 266 U.S. 511, 515, 45 S.Ct. 145, 147, 69 L.Ed. 413. Since it does not so appear, we should dismiss the bill. Norton v. Larney, supra, pages 515, 516, 45 S.Ct. page 147; KVOS, Inc., v.…

2Cases cited3 opinions

  1. KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
  2. Norton v. LarneySupreme Court of the United States · 1925
  3. Hare v. BirkenfieldCourt of Appeals for the Ninth Circuit · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API