Legal Opinion

Starke v. New York, Chicago & St. Louis R. Co

Court of Appeals for the Seventh Circuit

Decided February 28, 1950No. 10023PublishedCited by 16 opinions

1Opinion of the Court

MAJOR, Chief Judge.

•This is an appeal from an order entered June 23, 1949, on defendant’s motion, dismissing plaintiff’s suit for lack of jurisdiction.

Much of plaintiff’s argument before this court is predicated upon asserted facts purportedly taken from the briefs of the parties in the loryer court but not alleged in the complaint and from an unpublished opinion of that court, none of which appears in the record before us. Manifestly, such ■ extraneous matter cannot properly be considered in determining the validity of the order appealed from.

The complaint alleges that the plaintiff ■has…

2Cases cited17 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  3. Switchmen's Union v. National Mediation BoardSupreme Court of the United States · 1943
  4. Shulthis v. McDougalSupreme Court of the United States · 1912
  5. Moore v. Illinois Central RailroadSupreme Court of the United States · 1941

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ed Freeman and Wife Sharon Freeman, Cross-Appellants v. Northwest Acceptance Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  2. J. R. Alabaugh v. The Baltimore And Ohio Railroad CompanyCourt of Appeals for the Fourth Circuit · 1955
  3. Gavin v. Hudson & Manhattan R. Co. Knoblock v. Hudson & Manhattan R. Co. Emma v. Hudson & Manhattan R. CoCourt of Appeals for the Third Circuit · 1950
  4. Russell E. Peterson v. Brotherhood of Locomotive Firemen and EnginemenCourt of Appeals for the Seventh Circuit · 1959
  5. Switchmen's Union of North America v. Ogden Union Railway & Depot Co.Court of Appeals for the Tenth Circuit · 1954

11 more not listed; retrieve them via the Exa API.

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