Legal Opinion
McLaughlin v. Campbell
District Court, D. Massachusetts
Decided January 14, 1976No. Civ. A. 74-697-FPublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
FREEDMAN, District Judge.
The instant motion to dismiss has been brought by defendants Stebbins and Testa 1 ; defendant Campbell does not join in the motion. They seek dismissal of the federal securities law claims, Counts I-III, under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. Their motion with respect to the common law claims, Counts V and VI, is grounded upon lack of subject matter jurisdiction under Fed. R.Civ.P. 12(b)(1)-i. e., if Counts I-III are dismissed, there is no federal question and thus nothing upon which to base the pendent state law claims.
The…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- Superintendent of Insurance of New York v. Bankers Life & Casualty Co.Supreme Court of the United States · 1971
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fed. Sec. L. Rep. P 96,780 Harold J. O'Brien v. Continental Illinois National Bank and Trust Company of Chicago, a National Banking AssociationCourt of Appeals for the Seventh Circuit · 1979
- Financial General Bankshares, Inc. v. Eugene J. Metzger, Financial General Bankshares, Inc., Cross-Appellant v. Eugene J. MetzgerCourt of Appeals for the D.C. Circuit · 1982
- Abbey v. Control Data Corp.Court of Appeals for the Eighth Circuit · 1979
- Federal Deposit Ins. Corp. v. KerrDistrict Court, W.D. North Carolina · 1986
- Rodman v. Grant FoundationDistrict Court, S.D. New York · 1978
7 more not listed; retrieve them via the Exa API.