Legal Opinion

Mission Beverage Co. v. Porter

District Court, N.D. New York

Decided May 31, 1947No. Civil Action No. 2787PublishedCited by 2 opinions

1Opinion of the Court

KAMPF, District Judge.

The plaintiff herein has moved for a temporary injunction. The defendant has made a cross-motion for dismissal of the complaint on several grounds, including that: (1) This action has not been brought within the time allowed by statute; (2) the plaintiff has not exhausted its administrative remedies; (3) the venue is improper; and (4) this court lacks jurisdiction over the person of the defendant.

1. Was the action brought within the time allowed by statute?

The action arises out of a suspension order issued by a Hearing Commissioner of the Office of Price Administration…

2Cases cited18 opinions

  1. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  2. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  3. Webster v. FallSupreme Court of the United States · 1925
  4. Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
  5. Hill v. WallaceSupreme Court of the United States · 1922

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3Cited by2 opinions

  1. Frost v. EwingDistrict Court, W.D. Pennsylvania · 1953
  2. CS Foreman Company v. HB Zachry CompanyDistrict Court, W.D. Missouri · 1955

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