Legal Opinion

Ryan v. Flame Refractories, Inc.

District Court, S.D. Alabama

Decided March 11, 1991No. Civ. A. 90-788-B-CPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BUTLER, District Judge.

This case, one alleged to be within diversity jurisdiction, initially came to the attention of the Court on the motion of defendant Flame Refractories, Inc. to dismiss the action as barred by the applicable statute of limitations. Upon a review of the pleadings, however, this Court raised sua sponte the issue of whether it had subject matter jurisdiction. After providing the parties an opportunity to brief the issue, 1 this Court, on February 19, 1991, entered a judgment of dismissal for lack of subject matter jurisdiction. In that judgment…

2Cases cited15 opinions

  1. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
  2. Thomson v. GaskillSupreme Court of the United States · 1942
  3. West v. ConrailSupreme Court of the United States · 1987
  4. Annie Wiggins v. North American Equitable Life Assurance CompanyCourt of Appeals for the Fourth Circuit · 1981
  5. Marion F. McDonald v. C. Y. Patton, Sr., Trading and Doing Business as Patton's Gulf ServiceCourt of Appeals for the Fourth Circuit · 1957

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3Cited by2 opinions

  1. BIO-MEDICAL APPLICATIONS OF GA. v. City of DaltonDistrict Court, N.D. Georgia · 2009
  2. Bunkley v. Bunkley Air Conditioning, Inc.Court of Civil Appeals of Alabama · 1996

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