Opinion

Crater Lake Nat. Park Co. v. Oregon Liquor Control Commission

  • 23 F. Supp. 316
  • 1938 U.S. Dist. LEXIS 2165
Court
District Court, D. Oregon
Filed
May 2, 1938
Status
Published
Author
Haney
On the bench
Fee, Haney, McColloch
Cited by
1 cases
Authority
More cited than 15.9%

The opinion

HANEY, Circuit Judge

(concurring).

I concur in the refusal of an interlocutory injunction, but I note that in addition to a motion therefor the cause was submitted upon a motion to dismiss the bill.

There are before us no allegations showing the amount of the taxes, fees, and penalties accrued. Inasmuch as the federal courts are courts of limited jurisdiction, our jurisdiction “must affirmatively and distinctly appear.” Norton v. Larney, 266 U.S. 511, 515 , 45 S.Ct. 145, 147 , 69 L.Ed. 413 . Since it does not so appear, we should dismiss the bill. Norton v. Larney, supra, pages 515, 516, 45 S.Ct. page 147; KVOS, Inc., v. Associated Press, 299 U.S. 269, 277 , 57 S.Ct. 197, 200 , 81 L.Ed. 183 ; 28 U.S.C.A. § 80 . Dismissal should be ordered even in the absence of a motion therefor. It is immaterial that such dismissal is not urged because we should dismiss the bill on our own motion. Id.; Hare v. Birkenfield, 9 Cir., 181 F. 825 . I think the bill should be dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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