Legal Opinion
Commonwealth Trust Co. v. Reconstruction Finance Corp.
District Court, W.D. Pennsylvania
Decided June 21, 1939No. 3396PublishedCited by 5 opinions
1Opinion of the Court
SCHOONMAKER, District Judge.
Defendant has moved to dismiss the action in this case, because: (1) The complaint fails to state a claim on which relief can be granted; and (2) the defendant, as a corporation organized under the laws of the United States, is not suable in this District on the facts as set forth in the complaint.
Before the effective date of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the defendant filed a motion to transfer the case to the law-side of the court, on the ground that no equitable relief could be granted on the facts alleged in the complaint.…
2Cases cited1 opinion
- Commonwealth Trust Co. v. Reconstruction Finance Corp.District Court, W.D. Pennsylvania · 1938
3Cited by5 opinions
- Rank v. KrugDistrict Court, S.D. California · 1950
- Oneida Indian Nation of New York State v. OneidaDistrict Court, N.D. New York · 1977
- Fitzpatrick v. Sun Life Assur. Co. of CanadaDistrict Court, D. New Jersey · 1941
- Giesy v. American Nat. BankDistrict Court, D. Oregon · 1940
- Commonwealth Trust Co. v. Reconstruction Finance Corp.District Court, W.D. Pennsylvania · 1939