Miller v. BROWN SHIP-BUILDING CO., 12097.
| Citation | 165 F.2d 956 |
| Decision Date | 27 January 1948 |
| Docket Number | No. 12097.,12097. |
| Parties | MILLER et al. v. BROWN SHIP-BUILDING CO. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Chris Dixie, of Houston, Tex., for appellants.
J. A. Rauhut, of Austin, Tex., and C. E. Bryson, Brian S. Odem, U. S. Atty., and W. F. Lehigh, Asst. U. S. Atty., all of Houston, Tex., for appellee. Contra.
Before SIBLEY, WALLER, and LEE, Circuit Judges.
Jurisdiction of a federal district court is not presumed, and the complaint must, as against a motion to dismiss for want of jurisdiction, allege facts showing jurisdiction. The complaint here does not with sufficient clearness show what the controversy is and that the court has jurisdiction over it. The judgment of dismissal for this cause is affirmed.
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Pennsylvania Greyhound Lines v. Amalgamated Ass'n
...the defect be corrected by amendment." See also Gibbs v. Buck, 1939, 307 U.S. 66, 59 S.Ct. 725, 83 L.Ed. 1111; Miller v. Brown Shipbuilding Co., 5 Cir., 1948, 165 F. 2d 956; Gustafson v. Fred Wolferman, Inc., W.D.Mo.1945, 6 F.R.D. 503; Gates v. Graham Ice Cream Co., D.Neb.1940, 31 F.Supp. 8......
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Underwood v. Maloney
...1926, 270 U.S. 456, 46 S.Ct. 338, 70 L.Ed. 682; Gibbs v. Buck, 1939, 307 U.S. 66, 59 S.Ct. 725, 83 L.Ed. 1111; Miller v. Brown Shipbuilding Co., 5 Cir., 1948, 165 F.2d 956. Indeed, in the complaints in the cases at bar there are not even averments of the respective citizenships of all the m......
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Cooper v. County Bd. of Review of Grant County
...pleaded, and in the absence of proper jurisdictional averments the complaint may be dismissed. (See Miller v. Brown Ship-Building Co., (1948) (C.A. 5) 165 F.2d 956.) Specific jurisdictional allegations are usually not necessary under our practice since most courts of this state possess gene......
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BROWN BROTHERS EQUIPMENT CO. v. State of Michigan
...the complaint must, as against a motion to dismiss for want of jurisdiction, allege facts showing jurisdiction. Miller v. Brown Shipbuilding Co., 5 Cir., 165 F.2d 956. Under Rule 8(a) of the Federal Rules of Civil Procedure, 28 U.S.C., a plaintiff suing in a United States district court, mu......
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