Legal Opinion

United States v. Town of Garner, North Carolina

District Court, E.D. North Carolina

Decided June 22, 2010No. 5:09-cv-216PublishedCited by 4 opinions

1Opinion of the Court

ORDER

LOUISE W. FLANAGAN, Chief Judge.

This matter comes before the court on defendants’ motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (DE # 22). Plaintiffs have filed separate responses, and defendants have replied. In this posture, the issues raised are ripe for ruling. For the reasons that follow, defendants’ motion is allowed in part and denied in part.

STATEMENT OF THE CASE

Plaintiff Oxford House, Inc., (“Oxford House”) is a non-profit corporation that charters self-run, self-supported residential group homes throughout the United States for persons…

2Cases cited29 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Taylor v. SturgellSupreme Court of the United States · 2008
  3. Texas v. United StatesSupreme Court of the United States · 1998
  4. Kerns v. United StatesCourt of Appeals for the Fourth Circuit · 2009
  5. University of Tennessee v. ElliottSupreme Court of the United States · 1986

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3Cited by4 opinions

  1. United States v. East River Housing Corp.District Court, S.D. New York · 2015
  2. Fresenius Med. Care Holdings, Inc. v. Town of LillingtonDistrict Court, E.D. North Carolina · 2018
  3. Lath v. Oak Brook Condominium Owners' Association, et al.District Court, D. New Hampshire · 2017
  4. Mangum v. Town of Wrightsville BeachDistrict Court, E.D. North Carolina · 2020

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