Legal Opinion
Cuba Railroad Company v. United States
District Court, S.D. New York
Decided July 14, 1954PublishedCited by 21 opinions
1Opinion of the Court
NOONAN, District Judge.
The defendant in this proceeding has moved pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. for summary judgment dismissing the complaint, or pursuant to Rule 12 (b) for an order dismissing the complaint on the ground that the complaint fails to state a claim upon which relief can be granted; the plaintiff has cross-moved for summary judgment in its favor.
Since none of the material facts are in dispute, the case is one well-suited to summary judgment.
The defendant bases its motion on two theories: one, that the plaintiff is barred by its signing…
2Cases cited7 opinions
- Guggenheim v. United StatesUnited States Court of Claims · 1948
- Bank of New York v. United StatesCourt of Appeals for the Third Circuit · 1948
- Hygienic Products Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1940
- Steiden Stores, Inc. v. GlennDistrict Court, W.D. Kentucky · 1950
- Russell-Miller Milling Co. v. HelveringCourt of Appeals for the D.C. Circuit · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Reading & Bates Corp. v. United StatesUnited States Court of Federal Claims · 1998
- Dimitrious J. Lignos and Evelyn Lignos v. United StatesCourt of Appeals for the Second Circuit · 1971
- American Air Filter Co. v. CommissionerUnited States Tax Court · 1983
- United States v. Clarence J. PrinceCourt of Appeals for the Second Circuit · 1965
- United States v. Ernest O. D. CampbellCourt of Appeals for the Second Circuit · 1965
16 more not listed; retrieve them via the Exa API.