Legal Opinion · Dissent

Collier v. Harvey

Court of Appeals for the Tenth Circuit

Decided December 28, 1949No. 3912Published

1DissentBratton, Circuit Judge

The Declaratory Judgment Act, 28 U.S. C. § 2201, does not enlarge the jurisdiction of the district courts of the United States. It does not undertake to change the character of controversies which may be litigated in the federal courts. It does not attempt to change the essential requisites for the exercise of judicial power. It merely provides another remedy which may be invoked in cases coming within the jurisdiction of the courts of the United States. United States v. West Virginia, 295 U.S. 463, 55 S.Ct. 789, 79 L.Ed. 1546; McCarty v. Hollis, 10 Cir., 120 F.2d 540; Commercial Casualty…

2Cases cited8 opinions

  1. United States v. West VirginiaSupreme Court of the United States · 1935
  2. Maryland Casualty Co. v. Boyle Const. Co.Court of Appeals for the Fourth Circuit · 1941
  3. Hoffman v. McClellandSupreme Court of the United States · 1924
  4. Till v. Hartford Accident & Indemnity Co.Court of Appeals for the Tenth Circuit · 1941
  5. Commercial Casualty Ins. Co. v. FowlesCourt of Appeals for the Ninth Circuit · 1946

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