Davis v. Cook

UNDERWOOD, District Judge.

Defendants’ motion to dismiss the above cause came on regularly for hearing and was argued both orally and by brief.

For grounds of the motion, defendants allege that no claim upon which relief can be granted has been alleged; that no actual controversy exists between the parties which could sustain a declaratory judgment; that in effect the suit is one against the State of Georgia, an indispensable party, to which it has not consented; and that the Court is without jurisdiction of the suit for want of diversity of citizenship and sufficiency of amount involved and…