Legal Opinion

Zito v. Tesoriero

District Court, E.D. New York

Decided February 15, 1965No. Civ. A. No. 64-C-1166PublishedCited by 5 opinions

1Opinion of the Court

MISHLER, District Judge.

Defendant, United States of America, moves pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for an order dismissing the complaint against it upon the ground that the Court has. no jurisdiction over the subject matter. The United States also moves to intervene as a plaintiff pursuant to Rule 24(a)(3) and 24(b) (2) of the Federal Rules of Civil Procedure.

Plaintiff, in his complaint, has asked for a judgment declaring him to be the rightful owner of all the property that is the subject of the instant action. The United States was made a party-defendant…

2Cases cited4 opinions

  1. United States v. ShawSupreme Court of the United States · 1940
  2. James Anderson, as Trustees of Hermann Hospital Estate v. United States of America and the Veterans AdministrationCourt of Appeals for the Fifth Circuit · 1956
  3. Pennsylvania R. Co. v. United StatesDistrict Court, D. New Jersey · 1953
  4. Peter Balistrieri v. United States of America, Robert KennedyCourt of Appeals for the Seventh Circuit · 1962

3Cited by5 opinions

  1. Morpurgo v. Bd. of Higher Ed. in City of New YorkDistrict Court, S.D. New York · 1976
  2. John P. King v. The United StatesUnited States Court of Claims · 1968
  3. R. E. D. M. Corp. v. Lo SeccoDistrict Court, S.D. New York · 1968
  4. Giove v. WeinbergerDistrict Court, D. Maryland · 1974
  5. Balice v. United States of AmericaDistrict Court, D. New Jersey · 2019

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