Legal Opinion

Weills v. Caterpillar Tractor Co.

District Court, N.D. California

Decided November 30, 1982No. C-81-4105 EFLPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

LYNCH, District Judge.

Plaintiff in this action seeks remedy for defendant’s alleged breach of an agreement in settlement of her claim that defendant discriminated against her because of her sex. Subject matter jurisdiction is predicated on 28 U.S.C. §§ 1331(a) and 1343(a)(4). Plaintiff has moved for partial summary judgment; defendant has moved for summary judgment.

The threshold issue raised sua sponte by this Court, Fed.R.Civ.P. 12(h)(3), is whether it has federal question jurisdiction over this action, based on an examination of the allegations of the complaint,…

2Cases cited10 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Walter Goodman v. City Products Corporation, Ben Franklin DivisionCourt of Appeals for the Sixth Circuit · 1970
  3. Abelino ARCHULETA, Plaintiff-Appellee, v. DUFFY’S INC., Defendant-AppellantCourt of Appeals for the Tenth Circuit · 1973
  4. Emmett J. STEBBINS, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY Et Al., AppelleesCourt of Appeals for the Fourth Circuit · 1972
  5. Katherine M. HARRIS, Plaintiff-Appellant, v. NATIONAL TEA COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1971

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3Cited by2 opinions

  1. Seredinski, Louise v. Clifton Precision Products Co., a Division of Litton Systems, IncCourt of Appeals for the Third Circuit · 1985
  2. Seredinski, Louise v. Clifton Precision Products Co., a Division of Litton Systems, IncCourt of Appeals for the Third Circuit · 1985

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