Legal Opinion
Harrell & Sumner Contracting Co. v. Peabody Petersen Co.
District Court, N.D. Florida
Decided May 13, 1976No. 73-24-CIV-MPublishedCited by 4 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS
STAFFORD, District Judge.
On November 20, 1974, this court ruled that diversity jurisdiction over the present action had been properly invoked. Lack of subject matter jurisdiction, however, can be raised at any time. Rule 12(h)(2), (3), Fed.R.Civ.P. The vehicle for re-examination of this court’s subject matter jurisdiction is the motion of Sverdrup and Parcel Associates filed January 6, 1975. In its order of March 8, 1976, the court requested the parties to re-brief this crucial issue. Briefs were received, hearing on the motion was heard in Marianna on March…
2Cases cited8 opinions
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Miller & Lux, Inc. v. East Side Canal & Irrigation Co.Supreme Court of the United States · 1908
- Wilbur Green, Administrator of the Estate of Phillip Ray Walker, Deceased v. William P. Hale, O. H. Thompson, Vaneta ThompsonCourt of Appeals for the Fifth Circuit · 1970
- J. F. Pritchard & Co. v. Dow Chemical of Canada Ltd.District Court, W.D. Missouri · 1971
- Bry-Man's, Inc. v. Herman F. Stute, Jr., D/B/A H. G. Stute CompanyCourt of Appeals for the Fifth Circuit · 1963
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3Cited by4 opinions
- Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Bruce Babbitt, in His Official Capacity as Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1995
- Farrell Construction Company v. Jefferson Parish, Louisiana and Burk & Associates, Inc.Court of Appeals for the Fifth Circuit · 1990
- Harrell & Sumner Contracting Co. v. Peabody Petersen Co.Court of Appeals for the Fifth Circuit · 1977
- Harrell And Sumner Contracting Company, Inc. v. Peabody Petersen CompanyCourt of Appeals for the Third Circuit · 1977