Legal Opinion
Dunleer Co. v. Minter Homes Corporation
District Court, S.D. West Virginia
Decided April 30, 1940No. 78PublishedCited by 10 opinions
1Opinion of the Court
HARRY E. WATKINS, District Judge.
This is an action for a declaratory judgment under Sec. 400, Title 28 U.S.C., 28 U.S.C.A. § 400. This section provides that “in cases of actual controversy * * * the courts of the United States shall have power upon * * * complaint * * * to declare rights and other legal relations of any interested party petitioning for such declaration * * * A motion has been made to dismiss the complaint because of (1) lack of jurisdiction of the subject matter, the amount in controversy being less than $3,000; and (2) the complaint fails to state a claim upon which relief…
2Cases cited10 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- E. W. Bliss Co. v. Cold Metal Process Co.Court of Appeals for the Sixth Circuit · 1939
- Stephenson v. Equitable Life Assur. Soc. of the United StatesCourt of Appeals for the Fourth Circuit · 1937
- Dugan v. AndersonCourt of Appeals of Maryland · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Trinity Universal Insurance v. WillrichWashington Supreme Court · 1942
- Kohler v. JacobsCourt of Appeals for the Fifth Circuit · 1943
- Colyar v. THIRD JUDICIAL DIST. COURT, ETC.District Court, D. Utah · 1979
- John v. Tribune CompanyAppellate Court of Illinois · 1960
- Coca-Cola Bottling Company v. ClarkDistrict Court of Appeal of Florida · 1974
5 more not listed; retrieve them via the Exa API.