Legal Opinion

Jonez P. Suthoff, Frances P. Miller and Inez W. Philibert, Plaintiffs v. Yazoo County Industrial Development Corporation

Court of Appeals for the Fifth Circuit

Decided February 17, 1981No. 79-2992PublishedCited by 27 opinions

1Opinion of the Court

TATE, Circuit Judge:

The district court dismissed the plaintiffs’ complaint on its allegations, as failing to state a claim over which it had subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). The plaintiffs had, inter alia, specifically alleged conduct of the defendants that had allegedly under color of state law deprived them of property rights without due process of law in violation of the Fifth and Fourteenth Amendments, citing 42 U.S.C. § 1983, and had averred federal jurisdiction under 28 U.S.C. § 1331 and 1343(3).

The issue before us is narrow: Was the federal court without jurisdiction…

2Cases cited13 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. Paul v. DavisSupreme Court of the United States · 1976
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  5. Lynch v. Household Finance Corp.Supreme Court of the United States · 1972

8 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Wayne Ernest Barker v. Ben Norman and Jack BallasCourt of Appeals for the Fifth Circuit · 1981
  2. Laura FELLOWS, Plaintiff-Appellant, v. UNIVERSAL RESTAURANTS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1983
  3. Daigle v. Opelousas Health Care, Inc.Court of Appeals for the Fifth Circuit · 1985
  4. Jessie E. Wright v. El Paso County Jail, SheriffCourt of Appeals for the Fifth Circuit · 1981
  5. Gary Lee Rymer and Deborah Ann Rymer v. Douglas CountyCourt of Appeals for the Eleventh Circuit · 1985

22 more not listed; retrieve them via the Exa API.

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