Legal Opinion
Pineville Real Estate Operation Corp. v. Michael
Court of Appeals for the Fourth Circuit
Decided August 8, 1994No. 93-1625PublishedCited by 10 opinions
1Opinion of the Court
OPINION
2Per curiam
Federal Rule of Civil Procedure 12(h)(3) provides that “[wjhenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.”1 Pine-ville Real Estate Operation Corporation and Carmen Viana2 assert no federal cause of action, and the only basis for federal jurisdiction offered by Pineville in this case is that it “aris[es] under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331 (1988).
The Defendants in this case obtained federal judgments against Wittek Industries in a prior…
3Cases cited11 opinions
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
- Glus v. G. C. Murphy Co.Court of Appeals for the Third Circuit · 1977
- Cresswell v. Sullivan & CromwellCourt of Appeals for the Second Circuit · 1990
- Waffenschmidt v. MackayCourt of Appeals for the Fifth Circuit · 1985
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4Cited by10 opinions
- Diaz v. SheppardCourt of Appeals for the Eleventh Circuit · 1996
- Thomas v. PeacockCourt of Appeals for the Fourth Circuit · 1994
- Dinkins v. Region Ten CSBDistrict Court, W.D. Virginia · 2018
- Browning v. Geupel Construction Co.District Court, S.D. West Virginia · 1995
- 18 Employee Benefits Cas. 2617, Pens. Plan Guide P 23903e Jack L. Thomas, Individually, on Behalf of the Tru-Tech, Incorporated Pension Plan, and as a Representative of a Class of Similarly Situated v. D. Grant Peacock, and Alan H. Finegold, Jack L. Thomas, Individually, on Behalf of the Tru-Tech, Incorporated Pension Plan, and as a Representative of a Class of Similarly Situated v. D. Grant Peacock, and Alan H. Finegold, Jack L. Thomas, Individually, on Behalf of the Tru-Tech, Incorporated Pension Plan, and as a Representative of a Class of Similarly Situated v. Tru-Tech, Inc. D. Grant Peacock, and Grant Peacock and Company, Inc. Connecticut General Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1994
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