Legal Opinion

Merrick v. Merrick

District Court, S.D. New York

Decided November 16, 1977No. 77 Civ. 2547PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants have moved, pursuant to Rules 12(b)(1) and 12(b)(6), F.R.Civ.P., to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. The Court concludes that the complaint must be, and it is, dismissed as to all defendants.

Plaintiff is the well-known theatrical and movie producer, David Merrick, 1 who sues under 42 U.S.C. § 1983 on his own behalf and that of his minor daughter, Davida Margaretha Merrick (referred to by her parents, and hereinafter, as “Rosebud”). Defendants are…

2Cases cited16 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Stanley v. IllinoisSupreme Court of the United States · 1972
  4. Juidice v. VailSupreme Court of the United States · 1977
  5. Poe v. UllmanSupreme Court of the United States · 1961

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

3Cited by9 opinions

  1. Shell Oil Company v. Philip W. NoelCourt of Appeals for the First Circuit · 1979
  2. Levine v. County of WestchesterDistrict Court, S.D. New York · 1993
  3. Bergstrom v. BergstromDistrict Court, D. North Dakota · 1979
  4. Alma Society Inc. v. MellonDistrict Court, S.D. New York · 1978
  5. Anderson v. New York State Division of ParoleDistrict Court, S.D. New York · 1982

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

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