Legal Opinion
David v. New York Telephone Company
District Court, S.D. New York
Decided April 4, 1972No. 72 Civ. 19PublishedCited by 8 opinions
1Opinion of the Court
PALMIERI, District Judge.
The defendant moves for dismissal of this action for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b) (6), Fed.R.Civ.P., and for lack of jurisdiction over the subject matter, pursuant to Rule 12(b) (1), Fed.R.Civ.P. The parties concede that no genuine issues of fact are present and that the controversy can be disposed of by way of summary judgment.
Alleging jurisdiction under the Civil Rights Act, 28 U.S.C. § 1343, the plaintiff brings this action on behalf of himself and purportedly on behalf of all other “unemployed persons without…
2Cases cited2 opinions
- Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
- Clarence Eisen v. Oliver C. EastmanCourt of Appeals for the Second Circuit · 1969
3Cited by8 opinions
- Wade Tennyson v. Gas Service Company, and Kansas Gas and Electric CompanyCourt of Appeals for the Tenth Circuit · 1974
- Klotz v. Consolidated Edison Co. of New York, Inc.District Court, S.D. New York · 1974
- Zucker v. Bell Telephone Company of PennsylvaniaDistrict Court, E.D. Pennsylvania · 1974
- Richard David, Individually, as Well as on Behalf of Others Similarly Situated v. New York Telephone CompanyCourt of Appeals for the Second Circuit · 1972
- Hartford Consumer Activists Association v. HausmanDistrict Court, D. Connecticut · 1974
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