Legal Opinion
Associated Press v. KVOS, Inc.
District Court, W.D. Washington
Decided December 18, 1934No. 1087PublishedCited by 4 opinions
1Opinion of the CourtBowen, District Judge
(after stating the facts as above).
The rule is that a motion to dismiss in equity must be judged solely by plaintiff’s pleadings, and for the purposes of the motion all facts well pleaded are taken as true. The question raised in defendant’s motion that in fact the amount in controversy does not exceed the sum of $3,000 is, by that rule, disposed of adversely to the defendant.
The question raised, also, in the motion to dismiss that there is.a defect of parties complainant, in that the Bellingham Herald was not joined, must likewise be resolved against defendant, upon the authority of Federal…
2Cases cited5 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- E. W. Bliss Co. v. United StatesSupreme Court of the United States · 1918
- Merchants' & Manufacturers' Traffic Ass'n v. United StatesDistrict Court, N.D. California · 1915
- Tribune Co. of Chicago v. Associated PressU.S. Circuit Court for the Northern District of Illnois · 1900
3Cited by4 opinions
- KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
- Seagram-Distillers Corporation, a Delaware Corporation v. New Cut Rate Liquors, Inc.Court of Appeals for the Seventh Circuit · 1957
- Aldrich v. Remington Rand, Inc.District Court, N.D. Texas · 1942
- Seagram-Distillers Corporation, a Delaware Corporation v. New Cut Rate Liquors, Inc.Court of Appeals for the Seventh Circuit · 1957