Legal Opinion

John D. Mays and Laura F. Mays, His Wife v. Claude R. Kirk, Jr., as Governor

Court of Appeals for the Fifth Circuit

Decided August 20, 1969No. 26568_1PublishedCited by 28 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This non-diversity action involves the title to certain land in St. John’s County, Florida. Because title suits are-not the customary business of the Federal Courts, 1 this Court has closely examined the question of federal jurisdiction and, after calling for supplemental briefs, has concluded that this case does not arise under the Constitution, laws, or treaties of the United States within the meaning of 28 U.S.C.A. § 1331. Accordingly, we hold that the District Court should have dismissed the action for want of a substantial federal question.

This action is…

2Cases cited22 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. California Water Service Co. v. City of ReddingSupreme Court of the United States · 1938
  3. United States v. MinnesotaSupreme Court of the United States · 1926
  4. Wright v. RoseberrySupreme Court of the United States · 1887
  5. French v. FyanSupreme Court of the United States · 1876

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3Cited by28 opinions

  1. Dennis Wayne Wilson v. Enrique M. Barrientos, Terry W. Huntsberry v. ByrdCourt of Appeals for the Fifth Circuit · 1991
  2. Edward L. Lowe v. Ingalls Shipbuilding, a Division of Litton Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
  3. Catherine Walsh, Etc. v. Louisiana High School Athletic Association, Lutheran High School Association of Greater New OrleansCourt of Appeals for the Fifth Circuit · 1980
  4. Pacheco De Perez v. AT&T Co.Court of Appeals for the Eleventh Circuit · 1998
  5. Fed. Sec. L. Rep. P 96,007 Willie Bell, Jr. v. Health-Mor, Inc.Court of Appeals for the Fifth Circuit · 1977

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

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