Legal Opinion
Osbahr v. H & M Construction, Inc.
District Court, N.D. Iowa
Decided June 30, 1975No. C 75-4022PublishedCited by 4 opinions
1Opinion of the Court
ORDER
McMANUS, Chief Judge.
This matter is before the court on the resisted motions to dismiss filed by defendant Allan Shook on May 20, 1975, and by defendant H & M Construction, Inc. on June 3, 1975.
In this diversity action, plaintiff seeks to recover damages from defendant H & M Construction, Inc. (hereafter H & M) for breach of a house construction contract. Plaintiff also prays recovery of damages from defendant Shook for an alleged overpayment on the purchase price for the lot which was to be the homesite.
Defendant H & M moves to dismiss for lack of subject matter jurisdiction on two…
2Cases cited15 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971
- Fireman's Fund Insurance Company, Assignee of Steve Radeff and Carl Robinson v. Railway Express Agency, Inc., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1958
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3Cited by4 opinions
- Albion Elevator Co. v. Chicago & North Western Transportation Co.Supreme Court of Iowa · 1977
- Crouch v. Atlas Van Lines, Inc.District Court, N.D. New York · 1993
- Crane v. FultonSupreme Court of Iowa · 1978
- Crocker Commercial Services, Inc. v. Chicago Rim Corp.District Court, N.D. Illinois · 1982