Legal Opinion
Cuozzo v. ITALIAN LINE," ITALIA"-SOCIETA PER AZIONI, ETC.
District Court, S.D. New York
Decided December 11, 1958PublishedCited by 4 opinions
1Opinion of the Court
DAWSON, District Judge.
This is a motion to strike the complaint and to dismiss the action on the grounds that the federal court has no basis for jurisdiction of the subject matter, inasmuch as diversity of citizenship is lacking. The motion was made before the judge in the Calendar Part who had to determine whether the case should be put down for trial. Since the motion raised a question of jurisdiction of the court which required a prompt determination of the issue (Fed.Rules Civ. Proc. Rule 12(h), 28 U.S.C.A.) it properly could be made there.
The complaint alleges that during February 1956…
2Cases cited15 opinions
- The PlymouthSupreme Court of the United States · 1866
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
- Doucette v. VincentCourt of Appeals for the First Circuit · 1952
- The Admiral PeoplesSupreme Court of the United States · 1935
- Jordine v. WallingCourt of Appeals for the Third Circuit · 1950
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Factor v. Pennington Press, Inc.District Court, N.D. Illinois · 1963
- Chok v. S & W Berisford, PLCDistrict Court, S.D. New York · 1985
- Karakatsanis v. Conquestador Cia. Nav., S.A.District Court, S.D. New York · 1965
- Spanza v. Royal Netherlands Steamship Co.District Court, E.D. New York · 1965