Legal Opinion
Lung v. O'Cheskey
District Court, D. New Mexico
Decided April 9, 1973No. 8314 CivPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND JUDGMENT
2Per curiam
This civil rights action was filed in 1969 by several residents of El Paso, Texas, as representatives for a class, seeking to enjoin the allegedly unconstitutional collection of New Mexico state income tax from their pay. They have been subjected to the New Mexico tax due to their employment at White Sands Missile Range, a federal enclave located in New Mexico. On February 19, 1971, the action was dismissed by order of a three-judge court which held that it had no jurisdiction based on 28 U.S.C. § 1331 because none of the individual plaintiffs was claiming more…
3Cases cited16 opinions
- Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
- District of Columbia v. MurphySupreme Court of the United States · 1941
- District of Columbia v. John R. Thompson Co.Supreme Court of the United States · 1953
- Billy Ray Stringer v. Robert DilgerCourt of Appeals for the Tenth Circuit · 1963
- Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
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4Cited by6 opinions
- Aluminum Company of America, and Cross-Appellant v. Department of the Treasury of the State of Michigan, and Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1975
- Clincher v. United StatesUnited States Court of Claims · 1974
- Horn v. O'CheskeyDistrict Court, D. New Mexico · 1974
- Matter of FrazierDistrict Court, E.D. Louisiana · 1984
- Appeal of New England Power Co.Supreme Court of New Hampshire · 1980
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