Jones v. Harper
District Court, S.D. West Virginia
1Opinion of the Court
MEMORANDUM OPINION AND. ORDER
GOODWIN, District Judge.
I.' Introduction
Pending before the Court is Stephen B. Harper’s Motion to Dismiss. The plaintiff, George Jones, has filed a complaint that seeks declaratory and injunctive relief. The defendant avers that the plaintiffs complaint fails to state a claim upon which relief may be granted. However, as is more fully discussed below, the Court FINDS that under the probate exception to federal diversity jurisdiction, this Court does not have subject matter jurisdiction. Consequently, the plaintiffs complaint is hereby DISMISSED for want of subject…
2Cases cited9 opinions
- Markham v. AllenSupreme Court of the United States · 1946
- Byers v. McAuleySupreme Court of the United States · 1893
- Nicolae Dragan v. John and Sylvia MillerCourt of Appeals for the Seventh Circuit · 1982
- Foster v. CarlinCourt of Appeals for the Fourth Circuit · 1952
- Richardson v. KennedyWest Virginia Supreme Court · 1996
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