Legal Opinion

Mitchell v. Greenough

Court of Appeals for the Ninth Circuit

Decided November 18, 1938No. 8874PublishedCited by 71 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing appellant’s complaint for lack of jurisdiction. The appellant predicated jurisdiction upon an alleged cause of action under legislation enacted by Congress during the reconstruction period (Act April 20, 1871, ch. 22, §§ 1, 2, 17 Stat. 13) and now embodied in the United States Code (8 U.S.C.A. §§ 43, 47). The latter section (47) expressly authorizes an action for the recovery of damages. Such an action, unless the claim made is purely colorable, is an action based upon the laws of the United States as to…

2Cases cited15 opinions

  1. Mooney v. HolohanSupreme Court of the United States · 1935
  2. Brown v. MississippiSupreme Court of the United States · 1936
  3. Wood v. CarpenterSupreme Court of the United States · 1879
  4. Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
  5. O'Sullivan v. FelixSupreme Court of the United States · 1914

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3Cited by71 opinions

  1. Stefanelli v. MinardSupreme Court of the United States · 1951
  2. Adolph G. Hoffman v. C. H. Halden, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney HansenCourt of Appeals for the Ninth Circuit · 1959
  3. Charles Leonard Elliott v. City of Union CityCourt of Appeals for the Ninth Circuit · 1994
  4. James N. Lewis v. George Brautigam, I. Ray Mills, Dayton Blackford and Thomas J. KellyCourt of Appeals for the Fifth Circuit · 1955
  5. Schatte v. International Alliance of Theatrical Stage Employees and Moving Picture MacHine Operators of United States and CanadaCourt of Appeals for the Ninth Circuit · 1950

66 more not listed; retrieve them via the Exa API.

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