Legal Opinion

McCombs v. West

District Court, S.D. Florida

Decided October 26, 1945No. 131Published

1Opinion of the Court

BARKER, District Judge.

This suit seeks a judgment declaring rights between the defendants herein and a third party, to-wit: City of Ocoee, Fla. Plaintiffs are bondholders or owners of judgments on bonds issued by said City.

My predecessor has decided certain preliminary questions herein, viz.: (1) That the City of Ocoee is not an indispensable party; (2) that the complaint presents a justiciable controversy such as to authorize a declaratory judgment. These I have followed as being the settled law of the case with respect to those questions.

Answers have been filed and some of the defendants…

2Cases cited9 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. Meriwether v. GarrettSupreme Court of the United States · 1880
  3. Kersh Lake Drainage District v. JohnsonSupreme Court of the United States · 1940
  4. City of Winter Haven v. A. M. Klemm & SonSupreme Court of Florida · 1938
  5. Bloomfield Village Drain Dist. v. KeefeCourt of Appeals for the Sixth Circuit · 1941

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