Legal Opinion

Scully v. Armstrong

District Court, N.D. Indiana

Decided October 23, 1986No. Civ. H 86-579PublishedCited by 2 opinions

1Opinion of the Court

ORDER

MOODY, District Judge.

This matter comes before the court on a Motion to Dismiss, filed on August 26,1986 by defendants James E. Cross, Jr. and Builders Transport, Inc. pursuant to Fed.R. Civ.P. 12(b)(1) and 12(b)(6). The plaintiff Thomas Scully, as administrator of the estate of decedent Ivory V. Grandberry, Sr., commenced the action on August 5, 1986 against the moving defendants and defendant Etta Armstrong for wrongful death resulting from a vehicle collision. The moving defendants ask that the action be dismissed for failure to allege subject matter jurisdiction and for failure to…

2Cases cited14 opinions

  1. Meredith v. Winter HavenSupreme Court of the United States · 1943
  2. Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1979
  3. Norman T. Strain, D/B/A Trans Texas Tire, Cross-Appellant v. Harrelson Rubber Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
  4. Thomas E. Bowen v. United StatesCourt of Appeals for the Seventh Circuit · 1978
  5. Neeley v. Bankers Trust Co.Court of Appeals for the Fifth Circuit · 1985

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3Cited by2 opinions

  1. Evelyn C. Kuba, as of the Estate of Earnest Kuba, Plaintiff v. Ristow Trucking Company, Inc., and the Estate of Myron C. Sheban, DefendantsCourt of Appeals for the Seventh Circuit · 1987
  2. Donna Harris, et al. v. Landmark Recovery of Carmel LLC, et al.District Court, N.D. Indiana · 2026

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