Legal Opinion

O'Leary v. Loftin

District Court, E.D. New York

Decided November 16, 1942No. C. 2858PublishedCited by 6 opinions

1Opinion of the Court

INCH, District Judge.

This is a motion to dismiss an action on the ground that this court did not have jurisdiction of the person of the defendants, that defendants have not been properly served with process, that the complaint fails to properly allege the citizenship or residence of the defendants, and that plaintiffs have been improperly joined.

It seems to me that there has been no improper joinder and that under Rule 8 (e) and Rule 21 of the Rules of Federal Procedure, 28 U.S.C.A. following section ■723c, this objection can be put aside.

The objection that this court has no jurisdiction…

2Cases cited5 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  3. Zwerling v. New York & Cuba Mail S. S. Co.District Court, E.D. New York · 1940
  4. Schwarz v. Artcraft Silk Hosiery Mills, Inc.Court of Appeals for the Second Circuit · 1940
  5. Salvatori v. Miller Music, Inc.District Court, E.D. New York · 1940

3Cited by6 opinions

  1. Franco Ramos v. Corte de Distrito de PonceSupreme Court of Puerto Rico · 1950
  2. Murphree v. Mississippi Pub. CorporationCourt of Appeals for the Fifth Circuit · 1945
  3. Szabo v. Keeshin Motor Express Co.District Court, N.D. Ohio · 1950
  4. International Pulp Equipment Co. v. St. Regis Kraft Co.District Court, D. Delaware · 1944
  5. Mahan v. Ohio Auto Rentals Co.District Court, S.D. Ohio · 1962

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