Legal Opinion
Clapp v. Stearns & Co.
District Court, S.D. New York
Decided May 13, 1964PublishedCited by 26 opinions
1Opinion of the Court
WYATT, District Judge.
This is a motion (said to be under Fed.R.Civ.P. 12(b)) by defendant Raymond Oil Company, Inc. (“Raymond”) to dismiss the action “or in lieu thereof, to quash the return of service of summons” and a further motion to dismiss the action for lack of jurisdiction because “the transaction alleged * * * was a Kansas transaction and was not a transaction which took place in the State of New York”. The motion (supported by an affidavit and other papers and opposed by an affidavit and other papers) is treated as one under Fed.R.Civ.P. 12(b) (2), (3), (4), and (5) and 43(e).
The…
2Cases cited13 opinions
- Perry O. Hooper, as Trustee in Bankruptcy of Consolidated American Industries, Inc. v. Mountain States Securities CorporationCourt of Appeals for the Fifth Circuit · 1960
- Reeves v. BeardallSupreme Court of the United States · 1942
- Thiele v. ShieldsDistrict Court, S.D. New York · 1955
- Everhart v. Huntsville CollegeSupreme Court of the United States · 1887
- Townsend Corporation of America v. DavidsonDistrict Court, D. New Jersey · 1963
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Schneider v. SearsDistrict Court, S.D. New York · 1967
- Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
- Wyndham Associates v. BintliffCourt of Appeals for the Second Circuit · 1968
- Adair v. Hunt International Resources Corp.District Court, N.D. Illinois · 1981
- Rose v. Arkansas Valley Environmental & Utility AuthorityDistrict Court, W.D. Missouri · 1983
21 more not listed; retrieve them via the Exa API.