Legal Opinion
Alkire v. Cashman
District Court, S.D. Ohio
Decided October 11, 1972No. Civ. 72-285PublishedCited by 10 opinions
1Opinion of the Court
OPINION AND ORDER
CARL B. RUBIN, District Judge.
This matter is before the Court on plaintiffs’ application for a temporary restraining order and on defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. See Rules 65(b) and 12(b)(1), (6), Fed.R.Civ.P.
In their complaint herein, in which jurisdiction is predicated upon 28 U.S.C. § 1331, the plaintiffs’ have challenged the constitutionality of Section 6111.13 O.R.C. (hereinafter the Act) and have re quested the convening of a three-judge court, pursuant…
2Cases cited35 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Baker v. CarrSupreme Court of the United States · 1962
- Flast v. CohenSupreme Court of the United States · 1968
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Shapiro v. ThompsonSupreme Court of the United States · 1969
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3Cited by10 opinions
- City of Canton v. WhitmanOhio Supreme Court · 1975
- Mark Brinkman v. John J. Gilligan, Mark Brinkman v. Dayton Board of EducationCourt of Appeals for the Sixth Circuit · 1974
- Youghiogheny and Ohio Coal Company v. MortonDistrict Court, S.D. Ohio · 1973
- Brinkman v. GilliganDistrict Court, S.D. Ohio · 1977
- Philly's, the Original Philadelphia Cheese Steak, Inc. v. Jane M. Byrne, as Mayor and as Liquor Control Commissioner of the City of Chicago, and Illinois Liquor Control Commission, Defendant-Intervenor-Appellee. Los Farrallones, Inc., an Illinois Corporation, Jorge Aristizabal, and Nick Andrews v. Jane M. Byrne, as Mayor and as Liquor Control Commissioner of the City of Chicago, and Illinois Liquor Control Commission, Defendant-Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 1984
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