Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Senator Edward Kennedy — Part 27
Page 39
39 / 154
Here,totally without any legal reason in law or fact,Appellee
judge,recklessly in a rush to judgment to conceal these crim-
es of appellees herein,sua sponte ruled the complaints paten-
tly insubstantial and dismissed them for want of subject matt-
er jurisdiction,Hogans vs.Lauine, 415 US 528 at 436-37,94 S Ct
1372 at 1378-79,39 L Ed 2d 577(1974),From the Complaints them-
selves,and the Joint Appendices/evidence in support,no fair
minded judge would have considered the complaints without mer-
its.Bell vs.Hood 327 US 678 at 682-83,66 S Ct 773 at 776,90
L Ed 939(1946),noting that actions may sometimes be dismissed
for lack of jurisdiction where the federal claim "clearly app-
ears to be immaterial and made solely for purpose of obtaining
jurisdiction ,or where such claim is wholly insubstantial and
frivolous." See Boock vs.Shalala, 48 F 3d 348 at 353(8th Cir.
1995),that federal claims,although "clearly meritness",were
not so patently frivolous that they failed to confer subject
matter jurisdiction. Heakth Cost Controls vs.Skinner, 44 F 3d
535(7th Cir.1995),Holding that subject matter dismissals is
proper only where allegations are frivolous.Heitzke vs.Willians,
490 US 319 at 337,n.6,109 S C&é 1827 at 1832 n.6,104 L Ed 2d
338(1989),St.Paul Mercury Indemnity Co.vs-Red cab.,303 US 283,
58 S Ct 586,82 L Ed 845(1938),ruling that dismissal only pro-
per where it appears,to a legal certainty,that claim is truly
for less than the jurisdiction amount .NLFC, Inc.vs.Deucon Mid-
America,Inc., 45 F 3d 231 at 237(7th Cir.1995),cert.Denied___
uS___,115 S Ct 2249,231 L Ed 2d 258(1995),noting that amount
in controversy alleged, in good faith,by plaintiff is decisive
~27-
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
federal bureau
letter
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic