Legal Opinion

Nishan Paul and Irma Feder v. Dade County, Florida, Etc.

Court of Appeals for the Fifth Circuit

Decided November 26, 1969No. 27354PublishedCited by 48 opinions

1Opinion of the Court

DYER, Circuit Judge:

Plaintiffs appeal from an order dismissing their complaint for lack of a statutory basis of jurisdiction. We affirm the dismissal, but for a different reason than that given by the District Court.

The complaint sought a declaration that a Latin cross erected each December on the Dade County, Florida, Courthouse, with the sanction of the county government, violates the establishment of religion and freedom of religion clauses of the first amendment to the United States Constitution. Defendants moved to dismiss in the trial court for failure to state a claim upon which relief…

2Cases cited13 opinions

  1. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  2. William L. Hanna v. Home Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
  3. Zahn v. Transamerica CorporationCourt of Appeals for the Third Circuit · 1947
  4. New York Indians v. United StatesSupreme Court of the United States · 1898
  5. Dawn Elaine Brown, by and Through Gayle (Brown) Marden, as Her Mother and Next Friend, Cross v. Dixie Herlong Chastain, CrossCourt of Appeals for the Fifth Circuit · 1969

8 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. E. B. Elliott Adv. Co., Henry F. Hill, Intervenor-Appellant v. Metropolitan Dade County, a Political Subdivision of the State of FloridaCourt of Appeals for the Fifth Circuit · 1970
  2. Clifton C. Tang v. Appellate Division of the New York Supreme Court, First Department, and Honorable Justices Aron SteuerCourt of Appeals for the First Circuit · 1974
  3. United States v. Vincent Moran DossCourt of Appeals for the Sixth Circuit · 1977
  4. Robinson v. AriyoshiHawaii Supreme Court · 1982
  5. Thomas S. Barrett, Sr. v. James A. BaylorCourt of Appeals for the Seventh Circuit · 1972

43 more not listed; retrieve them via the Exa API.

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