Legal Opinion

Panama Processes SA v. Cities Service Company

District Court, S.D. New York

Decided June 26, 1973No. 73 Civ. 2024PublishedCited by 15 opinions

1Opinion of the Court

GURFEIN, District Judge.

The defendant moves to dismiss the complaint in this action for a declaratory judgment on the ground of lack of jurisdiction over the subject matter and on the ground that the complaint fails to state a claim upon which relief can be granted. The defendant has limited its argument to a single point, that there is no “case or controversy” in the constitutional sense which would support jurisdiction.

The plaintiff is Panama Processes S. A. (“Panama”), a Panamanian corporation with its principal place of business in Geneva, Switzerland. It does not do business in the State…

2Cases cited4 opinions

  1. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  2. Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
  3. Broadview Chemical Corporation v. Loctite CorporationCourt of Appeals for the Second Circuit · 1969
  4. Cha-Toine Hotel Apartments Bldg. Corp. v. ShogrenCourt of Appeals for the Seventh Circuit · 1953

3Cited by15 opinions

  1. Panama Processes, S.A. v. Cities Service Co.Supreme Court of Oklahoma · 1990
  2. New York Guardian Mortgagee Corp. v. ClelandDistrict Court, S.D. New York · 1979
  3. Panama Processes, S.A. v. Cities Service CompanyCourt of Appeals for the Second Circuit · 1981
  4. Panama Processes, S.A. v. Cities Service Co.Court of Appeals for the Second Circuit · 1986
  5. Panama Processes, S.A. v. Cities Service Co.District Court, S.D. New York · 1980

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