Legal Opinion
Emerado Public School District 127 v. Sanford
District Court, D. North Dakota
Decided October 30, 1990No. Civ. No. A2-90-84PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
BENSON, Senior District Judge.
Emerado Public School District No. 127 (Emerado) filed an action against Mark Sanford, Grand Forks Public School District No. 1 (Grand Forks), Kathryn Haltli and three other defendants 1 on May 23, 1990. Before the court is defendants’ motion to dismiss for lack of subject matter jurisdiction.2
The burden of establishing jurisdiction is on the plaintiff. Schmidt v. United States, 901 F.2d 680, 683 (8th Cir.1990); Butts Feed Lots, Inc. v. United States, 690 F.2d 669, 670 (8th Cir.1982). Plaintiffs complaint alleges this court has jurisdiction…
2Cases cited8 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Cort v. AshSupreme Court of the United States · 1975
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- California v. Sierra ClubSupreme Court of the United States · 1981
- West 14th Street Commercial Corp. v. 5 West 14th Owners Corp.Court of Appeals for the Second Circuit · 1987
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