Legal Opinion

Federal Pacific Electric Co. v. McAdams

City of New York Municipal Court

Decided March 22, 1955PublishedCited by 1 opinion

1Opinion of the CourtBaer, J.

This is a motion to dismiss the defendants’ affirmative defense on the ground that it is insufficient in law; and secondly, to dismiss the counterclaim on the ground of (a) insuffi*526ciency; (b) that it was not interposed by the real party in interest; (e) that the court has no jurisdiction over the subject matter.

I shall first consider that part of the motion directed to the counterclaim. If the third contention, to wit: ‘ ‘ that the court has no jurisdiction over the subject matter ” is sound, it will be unnecessary to consider the other two. The substance of this contention is that the…

2Cases cited12 opinions

  1. United States v. County of AlleghenySupreme Court of the United States · 1944
  2. Hazelton v. SheckellsSupreme Court of the United States · 1906
  3. Mitchell v. Flintkote Co.Court of Appeals for the Second Circuit · 1951
  4. United States v. PaddockCourt of Appeals for the Fifth Circuit · 1949
  5. Bradley v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Second Circuit · 1947

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3Cited by1 opinion

  1. O'Hara v. J. W. Rex Co., Pennsylvania Court of Common Pleas, Montgomery County1958

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