Legal Opinion

Fifty Associates, a Massachusetts Corporation v. The Prudential Insurance Company of America

Court of Appeals for the Ninth Circuit

Decided October 6, 1970No. 23936PublishedCited by 254 opinions

1Opinion of the Court

BYRNE, District Judge.

This case presents an excellent example of the problems confronting a pleader in a federal court of limited jurisdiction, who is accustomed to preparing pleadings in a state court of general jurisdiction.

Appellant Fifty Associates and its lessee of Arizona real estate, Mayer-Central Building Company, executed a mortgage on certain property in Phoenix, to Prudential Insurance Company of America. After Mayer defaulted in making payments due to Prudential, the ap-pellee filed a foreclosure action in federal court. Jurisdiction purportedly was based on the diversity of…

2Cases cited28 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Shields v. BarrowSupreme Court of the United States · 1855
  3. Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
  4. Grace v. American Central InsuranceSupreme Court of the United States · 1883
  5. Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894

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3Cited by254 opinions

  1. Lincoln Benefit Life Co. v. AEI Life, LLCCourt of Appeals for the Third Circuit · 2015
  2. William ALPERN and Russell D. Miller, on Behalf of Themselves and All Others Similarly Situated, Appellants, v. UTILICORP UNITED, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1996
  3. Department of Fair Employment & Housing v. Lucent Technologies, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. James Harris v. Lee RandCourt of Appeals for the Ninth Circuit · 2012
  5. Rieser v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1977

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