Legal Opinion
Giannetti Bros. Construction Corp. v. Lee County
District Court, M.D. Florida
Decided May 4, 1984No. 83-68 CIV-FtM-15PublishedCited by 4 opinions
1Opinion of the Court
ORDER
CASTAGNA, District Judge.
This case presents the Court with a novel question of federal jurisdiction that is a matter of first impression. The Defendant has filed a Motion To Dismiss asserting that the Court lacks jurisdiction under 28 U.S.C. § 1331, the general federal question jurisdictional provision. Plaintiff has contested that assertion contending that the Complaint states a claim under numerous regulations promulgated by the Environmental Protection Agency (EPA).
The facts presented in the Plaintiff’s Complaint, which must be taken as true for the purposes of a motion to dismiss,…
2Cases cited30 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Bell v. HoodSupreme Court of the United States · 1946
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- In Re Ben CarterCourt of Appeals for the Fifth Circuit · 1980
- Jackson Transit Authority v. Local Division 1285, Amalgamated Transit UnionSupreme Court of the United States · 1982
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3Cited by4 opinions
- Estate of Ayres ex rel. Strugnell v. BeaverDistrict Court, M.D. Florida · 1999
- Kunkler v. Fort Lauderdale Housing AuthorityDistrict Court, S.D. Florida · 1991
- 1610 CORP. v. KempDistrict Court, D. Massachusetts · 1991
- ESTATE OF AYERS EX REL. STRUGNELL v. BeaverDistrict Court, M.D. Florida · 1999