Legal Opinion
Zeidner v. Wulforst
District Court, E.D. New York
Decided July 14, 1961No. 61-C-172PublishedCited by 26 opinions
1Opinion of the Court
BARTELS, District Judge.
Motion by defendant New York State Thruway Authority (herein “Authority”) to dismiss plaintiffs’ complaint on the grounds that it fails to state a claim upon which relief can be granted (Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A.) and that the action is actually one against the State of New York, which has not consented to be sued except in the New York Court of Claims, and that consequently the action is barred by the Eleventh Amendment to the Constitution of the United States.
Only the last two claims in the complaint are against the Authority. Each of these…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
- Petty v. Tennessee-Missouri Bridge CommissionSupreme Court of the United States · 1959
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Blake v. KlineCourt of Appeals for the Third Circuit · 1979
- Jackson Sawmill Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1978
- Fitzpatrick v. BitzerCourt of Appeals for the Second Circuit · 1975
- Fed. Sec. L. Rep. P 94,594 Milton Forman and Ellen Forman v. Community Services, Inc.Court of Appeals for the Second Circuit · 1974
- S. J. Groves & Sons Co. v. New Jersey Turnpike AuthorityDistrict Court, D. New Jersey · 1967
21 more not listed; retrieve them via the Exa API.