Legal Opinion
Tobin Quarries, Inc. v. Central Nebraska Public Power & Irrigation Dist.
District Court, D. Nebraska
Decided January 8, 1946No. Civil Action 57PublishedCited by 8 opinions
1Opinion of the Court
DELEHANT, District Judge.
On October 26, 1945, for reasons set forth in an unpublished memorandum, the court declined to enter a summary judgment upon the motion of the plaintiff. That memorandum sufficiently recognizes the jurisdiction of the court resting on diversity of citizenship and the existence of a situation warranting the employment of the statutory procedure for a declaratory judgment. 28 U.S.C.A. § 400. The record then appeared to contain certain issues not wholly legal, which the court was unwilling abruptly to foreclose by a summary judgment. Promptly thereafter the parties…
2Cases cited79 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. GleasonSupreme Court of the United States · 1900
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
74 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- J. W. Terteling & Sons v. Central Nebraska Public Power & Irrigation Dist.District Court, D. Nebraska · 1948
- Central Nebraska Public Power & Irrigation Dist. v. Tobin Quarries, Inc.Court of Appeals for the Eighth Circuit · 1946
- Wildermuth v. United StatesCourt of Appeals for the Seventh Circuit · 1952
- Clark v. Continental Nat. Bank of Lincoln, Neb.District Court, D. Nebraska · 1949
- Davies v. KahnCourt of Appeals for the Fourth Circuit · 1958
3 more not listed; retrieve them via the Exa API.