Legal Opinion
Land Oberoesterreich v. Gude
Court of Appeals for the Second Circuit
Decided February 13, 1940No. 155PublishedCited by 19 opinions
1Opinion of the Court
CLARK, Circuit Judge.
This controversy has been long in our courts. We passed upon it at length in 2 Cir., 86 F.2d 621, certiorari denied 300 U.S. 663, 57 S.Ct. 493, 81 L.Ed. 871; then considered were many of the issues now brought before us again. Before turning to these issues, we must advert to a new problem, not present at the first trial. That problem is whether Land Oberoesterreich, the Province of Upper Austria, has the capacity to sue in a federal court.
The complaint, verified in 1932, alleges that the plaintiff was and is “one of the nine independent- sovereign political subdivisions…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- The SapphireSupreme Court of the United States · 1871
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Littlejohn v. . ShawNew York Court of Appeals · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Matimak Trading Co. v. Albert Khalily, D/B/A Unitex Mills, Inc., and D.A.Y. Kids Sportswear Inc.Court of Appeals for the Second Circuit · 1997
- Kunstsammlungen Zu Weimar v. ElicofonDistrict Court, E.D. New York · 1981
- United States Ex Rel. Schwarzkopf v. UhlCourt of Appeals for the Second Circuit · 1943
- Windert Watch Co., Inc. v. Remex Electronics Ltd.District Court, S.D. New York · 1979
- United States ex rel. D'Esquiva v. UhlCourt of Appeals for the Second Circuit · 1943
14 more not listed; retrieve them via the Exa API.