Legal Opinion
WANV, Inc. v. Augusta County Broadcasting Corp.
District Court, W.D. Virginia
Decided April 7, 1976No. Civ. A. No. 75-0106PublishedCited by 1 opinion
1Opinion of the Court
DALTON, District Judge.
This is an action brought by WANV Radio Station located in Waynesboro, Virginia against the owner and operator of a nearby Radio Station, WTON. The defendant has filed a motion to dismiss pursuant to Federal Rule 12(b)(1) for lack of subject matter jurisdiction and Federal Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The sole question to be decided by this court is whether the plaintiff’s cause of action “arises under” an Act of Congress which “regulates commerce or protects trade and commerce against restraints and monopolies”. 28 U.S.C.…
2Cases cited7 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
- Shulthis v. McDougalSupreme Court of the United States · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Box Tree South, Ltd. v. BittermanDistrict Court, S.D. New York · 1995