Legal Opinion
Kantor v. Comet Press Books Corp.
District Court, S.D. New York
Decided September 23, 1960PublishedCited by 25 opinions
1Opinion of the Court
METZNER, District Judge.
Plaintiff' instituted an action to recover damages for fraud arising out of a “publishing contract” into which the plaintiff-author claims he was induced to enter by the defendant-publisher’s misrepresentation. Plaintiff seeks $50,000 compensatory damages and $25,000 punitive damages. Defendant has moved for summary judgment pursuant to F.R.Civ. Proc. rule 56, 28 U.S.C.A., on the ground that the amount in controversy does not amount to $10,000.
Summary judgment is not the proper procedure to raise the question of the court’s jurisdiction. 6 Moore’s Federal Practice, 2d…
2Cases cited10 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Land v. DollarSupreme Court of the United States · 1947
- Gibbs v. BuckSupreme Court of the United States · 1939
- KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
- Gilbert v. DavidSupreme Court of the United States · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Umphrey v. SprinkelIdaho Supreme Court · 1983
- Thomas M. Walsh and Jack D. Roberts, Individually and on Behalf of Themselves and All Others Similarly Situated v. Ingersoll-Rand CompanyCourt of Appeals for the Eighth Circuit · 1981
- Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)United States Bankruptcy Court, N.D. New York · 1982
- Hopkins v. WassonDistrict Court, E.D. Tennessee · 1962
- Dr. Beck & Co. G.M.B.H. v. General Electric Co.District Court, S.D. New York · 1962
20 more not listed; retrieve them via the Exa API.