Legal Opinion
Coral Gables Federal Savings & Loan Ass'n v. Harbert
District Court, S.D. Florida
Decided December 4, 1981No. 81-6061-CIV-JCPPublishedCited by 4 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS AND OPINION
PAINE, District Judge.
In order for a federal district court to have subject matter jurisdiction under 28 U.S.C. 1331 the matter in controversy must inter alia arise under the Constitution, laws, or treaties of the United States. The issue before the Court is whether a federal saving and loan’s suit for foreclosure of a home mortgage triggered by the mortgagor’s default under the due on sale clause constitutes a claim arising under federal law.
Coral Gables Federal Savings and Loan Association seeks a declaratory judgment that it may foreclose the…
2Cases cited25 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
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3Cited by4 opinions
- Michigan Savings & Loan League v. FrancisCourt of Appeals for the Sixth Circuit · 1982
- Michigan Savings and Loan League, (80-1393) v. Richard Francis, Commissioner of the Michigan Financial Institutions Bureau of the Department of Commerce of the State of Michigan, (80-1393 & 80-1452) v. Federal Home Loan Bank Board, (80-1452)Court of Appeals for the Sixth Circuit · 1982
- Departamento De Asuntos Del Consumidor v. Oriental Federal SavingsDistrict Court, D. Puerto Rico · 1986
- Heidt v. Mid-State Federal Savings & Loan Ass'nDistrict Court, M.D. Florida · 1984