Legal Opinion
Hertz v. Record Pub. Co. of Erie
District Court, W.D. Pennsylvania
Decided June 6, 1952No. Civ. A. No. 149PublishedCited by 2 opinions
1Opinion of the Court
BURNS, District Judge.
The instant complaint seeks an order requiring defendant corporation to issue its certificate for 150 shares of its common stock in the name of plaintiff Horvitz. A prior ruling on related matters is reported at D.C., W.D. Pa., 1952, 102 F.Supp. 689.
Pursuant to Rule 12(h) of the Federal Rules' of Civil Procedure, 28 U.S.C., defendant has now interposed a “Suggestion of Lack of Jurisdiction” because, according to defendant, the proceeding “is in the nature of an original action of mandamus, of which the federal courts have no jurisdiction.” Plaintiffs originally took the…
2Cases cited9 opinions
- Hammond v. HullCourt of Appeals for the D.C. Circuit · 1942
- Leff v. N. Kaufman's, Inc.Supreme Court of Pennsylvania · 1941
- McBride v. Western Union Tel. Co.Court of Appeals for the Ninth Circuit · 1949
- Higginson v. SchoenemanCourt of Appeals for the D.C. Circuit · 1951
- George Allison & Co. v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1939
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3Cited by2 opinions
- H. W. Martens and Robert A. Maurin, Jr. v. Carl F. Barrett, B. C. Farcell and the Texas CompanyCourt of Appeals for the Fifth Circuit · 1957
- David Ralph Hertz and Samuel A. Horvitz v. Record Publishing Company of ErieCourt of Appeals for the Third Circuit · 1955