Legal Opinion
Consolidation Coal Co. v. Bailey
District Court, N.D. West Virginia
Decided February 5, 1970No. Civ. A. No. 69-11-FPublishedCited by 3 opinions
1Opinion of the Court
CHRISTIE, District Judge:
MEMORANDUM
By this action the plaintiff asks this Court to determine which one of two contesting parties defendants (Perry Township or a class of plaintiff’s employees) is entitled to a fund of money that is now in its possession and control. The defendant, Perry Township, of Greene County, Pennsylvania, has moved the Court to dismiss the complaint and the action upon the ground that it fails to state a claim upon which relief can be granted and that, under the provisions *1252of Rule 12(b), this Court lacks jurisdiction to hear the action.
The essential facts giving rise to…
2Cases cited7 opinions
- Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
- City of Houston and Houston Independent School District v. Standard-Triumph Motor Company, Inc.Court of Appeals for the Fifth Circuit · 1965
- American Commuters Association, Inc. v. Arthur Levitt, Individually and as Comptroller of the State of New YorkCourt of Appeals for the Second Circuit · 1969
- Harry B. Helmsley v. City of Detroit, Michigan, a Municipal Corporation of the State of MichiganCourt of Appeals for the Sixth Circuit · 1963
- Preston Corporation v. RaeseDistrict Court, N.D. West Virginia · 1964
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3Cited by3 opinions
- The Home Indemnity Company v. Claude MooreCourt of Appeals for the Eighth Circuit · 1974
- Consolidation Coal Co. v. BaileyDistrict Court, W.D. Pennsylvania · 1971
- The Home Indemnity Company v. Claude MooreCourt of Appeals for the Eighth Circuit · 1974