Legal Opinion
Jim Walter Investors v. Empire-Madison, Inc.
District Court, N.D. Georgia
Decided September 30, 1975No. Civ. A. C75-804APublishedCited by 11 opinions
1Opinion of the Court
ORDER
O’KELLEY, District Judge.
Presently before the court in this breach of contract action is the defendant’s motion to dismiss, which is based upon five separate grounds: (1) failure to state a claim; (2) lack of subject matter jurisdiction; (3) lack of capacity to sue; (4) failure to join a required party; and (5) the fact that the plaintiff is not the real party in interest. Since this court concludes that the action should be dismissed for lack of subject matter jurisdiction, it is unnecessary to consider the defendant’s additional contentions.
The pertinent facts upon which the court must…
2Cases cited10 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- United Steelworkers of America v. R. H. Bouligny, Inc.Supreme Court of the United States · 1965
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Bullard v. City of CiscoSupreme Court of the United States · 1933
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lawrence F. Lee, Jr. v. Navarro Savings AssociationCourt of Appeals for the Fifth Circuit · 1979
- Chase Manhattan Mortgage & Realty Trust v. PendleyDistrict Court, N.D. Georgia · 1975
- Carey v. U. S. Industries, Inc.District Court, N.D. Illinois · 1976
- Independence Mortgage Trust v. WhiteDistrict Court, D. Oregon · 1978
- Riverside Memorial Mausoleum, Inc. v. Umet TrustDistrict Court, E.D. Pennsylvania · 1977
6 more not listed; retrieve them via the Exa API.