Legal Opinion

Colon v. Tompkins Square Neighbors, Inc.

District Court, S.D. New York

Decided September 24, 1968No. 68 Civ. 1401PublishedCited by 49 opinions

1Opinion of the Court

OPINION

TENNEY, District Judge.

This is a motion by defendants for an order dismissing the complaint herein for the following reasons: (1) that plaintiffs, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, have failed to state a claim upon which relief can be granted; (2) that this Court lacks jurisdiction under 42 U.S.C. § 1983; and (3) that primary jurisdiction over the within cause of action lies with the appropriate administrative agencies. In the alternative, defendants seek a declaration pursuant to 28 U.S.C. § 1292(b) permitting their taking of an interlocutory appeal from…

2Cases cited11 opinions

  1. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961
  2. Cooper v. AaronSupreme Court of the United States · 1958
  3. McLaughlin v. FloridaSupreme Court of the United States · 1964
  4. James Holmes v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1968
  5. Donald W. Barnes v. B. F. Merritt, Jr.Court of Appeals for the Fifth Circuit · 1967

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

3Cited by49 opinions

  1. Karl W. Hahn v. Joseph GottliebCourt of Appeals for the First Circuit · 1970
  2. William McQueen v. Bertram DrukerCourt of Appeals for the First Circuit · 1971
  3. Thelma Joy, Individually and on Behalf of All Others Similarly Situated v. Holland Daniels, ChairmanCourt of Appeals for the Fourth Circuit · 1973
  4. Geneva Towers Tenants Organization v. Federated Mortgage InvestorsCourt of Appeals for the Ninth Circuit · 1974
  5. Margaret Ressler, Plaintiffs/appellees/cross-Appellants v. Samuel R. Pierce, Jr., Defendants/appellants/cross-AppelleesCourt of Appeals for the Ninth Circuit · 1982

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

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