Legal Opinion
T.H.E. Insurance v. Dowdy's Amusement Park
District Court, E.D. North Carolina
Decided April 1, 1993No. 92-56-CIV-2-BOPublishedCited by 9 opinions
1Opinion of the Court
ORDER
TERRENCE WILLIAM BOYLE, District Judge.
Defendant in this declaratory judgment action brought pursuant to 28 U.S.C. § 2201 has moved to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), contending that plaintiffs complaint does not set out a “case of actual controversy” sufficient to support a declaratory judgment. For the reasons set out below, the court finds that there is sufficient controversy between the parties to support jurisdiction, and that the defendant’s motion should therefore be denied.
FACTS
On July 24, 1990, Soroya AliKhan, a minor from Illinois, and her…
2Cases cited5 opinions
- Allstate Insurance Company v. Dawn MercierCourt of Appeals for the Sixth Circuit · 1990
- Acands, Inc. v. The Aetna Casualty and Surety Company, and the Travelers Indemnity Company and the Travelers Insurance Company, Acands, Inc. v. The Aetna Casualty and Surety Company, and the Travelers Indemnity Company and the Travelers Insurance CompanyCourt of Appeals for the Third Circuit · 1981
- State Farm Mutual Automobile Insurance v. SampsonDistrict Court, M.D. Florida · 1969
- Manhattan Fire & Marine Ins. v. Nassau Estates IIDistrict Court, D. New Jersey · 1963
- Georgia American Insurance v. JohnsonDistrict Court, S.D. Mississippi · 1989
3Cited by9 opinions
- COLUMBIAN FINANCIAL CORP. v. BancInsure, Inc.Court of Appeals for the Tenth Circuit · 2011
- Firemen's Insurance v. Kline & Son Cement Repair, Inc.District Court, E.D. Virginia · 2007
- Great Divide Insurance v. AOAO Maluna Kai EstatesDistrict Court, D. Hawaii · 2007
- Modern Equipment Co. v. Continental Western InsuranceDistrict Court, S.D. Iowa · 2001
- AMERICAN MILLENNIUM INSURANCE COMPANY v. USA FREIGHT SOLUTION, INC.District Court, M.D. North Carolina · 2020
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