Sadler v. W. S. Dickey Clay Mfg. Co.

RIDGE, District Judge.

Federal District Courts have the duty to enforce statutory limitations as to their jurisdiction. Such Courts, on their own motion, if led to believe that their jurisdiction is not properly invoked, should inquire into facts as they really exist, or require a specific statement of facts to be incorporated in the pleadings clearly establishing the jurisdiction of the Court. Mc-Nutt v. General Motors Acceptance Corporation of Indiana, 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135.

Section 2(d) of the Portal-to-Portal Act of 1947, 29 U.S.C.A. §§ 251-262, withdraws from the Courts…