Legal Opinion
Phillips v. Kapp
District Court, S.D. New York
Decided March 6, 1980No. 79 Civ. 4590PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
OWEN, District Judge.
On August 31, 1979, Randolph Phillips commenced an action in this court alleging that the defendants made defamatory statements to the Securities and Exchange Commission regarding his conduct as a pro se litigant. Defendants moved to dismiss the complaint for failure to state a claim and for lack of diversity jurisdiction. Oral argument was heard on October 19, 1979. While that motion was sub judice, plaintiff filed a notice of voluntary discontinuance of the entire federal action pursuant to Fed.R. Civ.P. 41(a)(1)(i), and thereupon commenced a new…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Cort v. AshSupreme Court of the United States · 1975
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- Browning Debenture Holders' Committee v. Dasa Corp.Court of Appeals for the Second Circuit · 1977
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3Cited by2 opinions
- Baum v. Phillips, Appel & Walden, Inc.District Court, S.D. New York · 1986
- Adesina v. SwissairDistrict Court, E.D. New York · 1986