Legal Opinion
Darlyne Parmelee and Frank Parmelee v. E. A. Ackerman, AKA Ada Ackerman, Dba the House of Charm Studios
Court of Appeals for the Sixth Circuit
Decided February 28, 1958No. 13326PublishedCited by 17 opinions
1Per curiam
Upon this appeal from an order dismissing their diversity action for lack of jurisdiction over the subject matter, appellants first urge that the district court should not have entertained appellee’s motion to dismiss because made after answer filed. This contention overlooks the provisions of Rule 12(h) that “whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.” Fed. R.Civ.P. 12(h), 28 U.S.C.A.
Two causes of action are asserted in appellants’ complaint: the first for dam age of “not less than…
2Cases cited8 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
- Baltimore & Ohio Southwestern Railroad v. United StatesSupreme Court of the United States · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Irwin Klepper v. First American BankCourt of Appeals for the First Circuit · 1990
- Mariana Deutsch and Abraham Deutsch v. Hewes Street Realty CorporationCourt of Appeals for the Second Circuit · 1966
- Karen Kovacs v. Stanley ChesleyCourt of Appeals for the Sixth Circuit · 2005
- Paul A. Wood v. Stark Tri-County Building Trades CouncilCourt of Appeals for the Sixth Circuit · 1973
- May v. Wal-Mart Stores, Inc.District Court, E.D. Kentucky · 2010
12 more not listed; retrieve them via the Exa API.