Legal Opinion

DeCarlo v. Joseph Horne and Company

District Court, W.D. Pennsylvania

Decided March 31, 1966No. Civ. A. 65-1211PublishedCited by 30 opinions

1Opinion of the Court

GOURLEY, Chief Judge.

In this civil jury proceeding under the Civil Rights Statute in which the petitioner claims the right to recover damages against the Joseph Horne Company for denial of civil rights, the immediate matter before the Court is defendant’s Motion to Dismiss.

The Court has conducted full and complete oral arguments on the issues and made an exhaustive and meticulous review of the authorities in this area of the law. The legal question presented is one of first impression since the authorities cited by counsel are inapposite.

The defendant contends that the alleged deprivation of…

2Cases cited3 opinions

  1. United States v. ClassicSupreme Court of the United States · 1941
  2. Screws v. United StatesSupreme Court of the United States · 1945
  3. Commonwealth v. GinsbergSuperior Court of Pennsylvania · 1940

3Cited by30 opinions

  1. Soad R. Iskander v. Village of Forest Park and Zayre, Inc.Court of Appeals for the Seventh Circuit · 1982
  2. Steven C. Draeger, by and Through Norman A. Draeger, Guardian Ad Litem v. Grand Central, Inc., and David ParkCourt of Appeals for the Tenth Circuit · 1974
  3. Oller v. Bank of AmericaDistrict Court, N.D. California · 1972
  4. Weyandt v. Mason's Stores, Inc.District Court, W.D. Pennsylvania · 1968
  5. Kirksey v. TheiligDistrict Court, D. Colorado · 1972

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