Legal Opinion

Parrott v. Cary

District Court, D. Colorado

Decided September 17, 1964No. Civ. A. 8465PublishedCited by 4 opinions

1Opinion of the Court

ARRAJ, Chief Judge.

This matter is before the Court on defendant’s motion to dismiss the Supplemental Second Amended Complaint for lack of jurisdiction, failure to exhaust administrative remedies and failure to-show irreparable injury as is required for the granting of the injunctive relief sought in plaintiff’s two claims. Defendant has submitted a memorandum brief supporting its position; plaintiff has filed none.

This action was brought under 28 U.S.C. § 1361, which provides that

“[Djistriet courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer…

2Cases cited4 opinions

  1. Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
  2. Clement L. McEachern v. United StatesCourt of Appeals for the Fourth Circuit · 1963
  3. McEachern v. United StatesDistrict Court, W.D. South Carolina · 1963
  4. Peoples Securities Company v. Securities And Exchange CommissionCourt of Appeals for the Fifth Circuit · 1961

3Cited by4 opinions

  1. Yahr v. ResorDistrict Court, E.D. North Carolina · 1972
  2. Bowen v. CulottaDistrict Court, E.D. Virginia · 1968
  3. Szmodis v. RomneyDistrict Court, E.D. Pennsylvania · 1969
  4. Maehr v. U.S. State DepartmentDistrict Court, D. Colorado · 2020

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