Legal Opinion
Montagna v. O'HAGAN
District Court, E.D. New York
Decided October 23, 1975No. 75 Civ. 602PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, District Judge.
Both parties have moved for summary judgment pursuant to FRCP 56; the plaintiff on the ground that there is no genuine issue of any material fact and that he is entitled to judgment as a matter of law, and the defendants on the ground that plaintiff’s complaint is barred by the Statute of Limitations and by res judicata and/or collateral estoppel.
Jurisdiction is allegedly obtained under Title 28 United States Code § 1343, and plaintiff alleges in his complaint that his “claim is predicated upon provisions of Title 42 United States Code § 1983, in that…
2Cases cited32 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Monroe v. PapeSupreme Court of the United States · 1961
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corp.Supreme Court of the United States · 1966
27 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gilliard v. New York Public Library SystemDistrict Court, S.D. New York · 1984
- Perrotta v. IrizarryDistrict Court, S.D. New York · 1977
- Jackson v. Alcan Sheet & PlateDistrict Court, N.D. New York · 1978
- Lombard v. Board of Ed. of City of New YorkDistrict Court, E.D. New York · 1976
- Ervin v. LanierDistrict Court, E.D. New York · 1975
3 more not listed; retrieve them via the Exa API.