Legal Opinion

Klein v. Arlen Realty & Development Corp.

District Court, E.D. Pennsylvania

Decided March 30, 1976No. Civ. A. No. 75-2243Published

1Opinion of the Court

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Presently before the court is the defendant’s motion to dismiss the complaint and in the alternative to transfer or to stay the proceedings. The parties have submitted supporting and opposing affidavits which have been considered by the court. Hence, the motion shall be treated as one for summary judgment. We find that the complaint must be dismissed for failure to state a claim and for lack of subject matter jurisdiction. This determination moots the requests for transfer or stay.

Is a lease between a shopping center developer and a movie theatre…

2Cases cited5 opinions

Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
Sylvester Lockhart, Jr. v. Charles A. Hoenstine, Prothonotary of the Superior Court of PennsylvaniaCourt of Appeals for the Third Circuit · 1969
Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
L.H.M., Inc. v. LewisDistrict Court, D. New Jersey · 1974
L. H. M., Inc. v. LewisCourt of Appeals for the Third Circuit · 1975