Legal Opinion
Concerned Citizens of Cohocton Valley, Inc. v. New York State Department of Environmental Conservation
Court of Appeals for the Second Circuit
Decided September 2, 1997No. Nos. 96-7373, 96-9474PublishedCited by 4 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
These consolidated appeals raise two somewhat esoteric issues of appellate and district court jurisdiction. The first issue is whether and in what circumstances a party may appeal a decision that granted it all the relief it sought, but did so on grounds other than those urged by the prevailing party, leaving in place a subsidiary ruling of the trial court that the appellant apprehends will have an adverse collateral estoppel effect. The second issue is whether a district court has subject matter jurisdiction over a suit seeking both a declaratory judgment and an…
2Cases cited21 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
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3Cited by4 opinions
- National Council of La Raza v. Department of JusticeDistrict Court, S.D. New York · 2004
- Concerned Citizens of Cohocton Valley, Inc. v. New York State Department of Environmental Conservation, Michael Zagata, as Commissioner of the New York State Department of Environmental Conservation Jeffrey J. Sama, Deputy Permit Administrator of the New York State Department of Environmental Conservation, J. Makowski Associates, Inc., Avoca Natural Gas Storage v. Concerned Citizens of Cohocton Valley, Inc.Court of Appeals for the Second Circuit · 1997
- Michael Spielman, on Behalf of Himself and All Other Similarly Situated Persons v. Merrill Lynch, Pierce, Fenner & Smith, IncorporatedCourt of Appeals for the Second Circuit · 2003
- Michael Spielman, on Behalf of Himself and All Other Similarly Situated Persons v. Merrill Lynch, Pierce, Fenner & Smith, IncorporatedCourt of Appeals for the Second Circuit · 2003