Legal Opinion

Denver Union Stock Yard Co. v. Brotherhood of Railway & Steamship Clerks

District Court, D. Colorado

Decided November 30, 1942No. 497PublishedCited by 2 opinions

1Opinion of the Court

SYMES, District Judge.

This case coming on for pre-trial conference, the court of its own motion raised the question of jurisdiction, and discussed it with counsel. Counsel for the Wage and Hour Division of the Department of Labor also raised the question. Briefs were filed and the court has gone into the matter thoroughly, and come to the conclusion a case of “actual controversy” under the Declaratory Judgment Act is not made; that the bill should be dismissed.

The Supreme Court has said, Ex parte Young, 209 U.S. 123, at page 143, 28 S.Ct. 441, at page 447, 52 L.Ed. 714, 13 L.R.A.,N.S., 932,…

2Cases cited7 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  4. Muskrat v. United StatesSupreme Court of the United States · 1911
  5. Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933

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

3Cited by2 opinions

  1. National Automatic Laundry and Cleaning Council v. George P. Shultz, Secretary, U. S. Department of LaborCourt of Appeals for the D.C. Circuit · 1971
  2. South Washington Associates v. FlanaganColorado Court of Appeals · 1993

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