determining questions under 12(b) rather than 12(b) grants additional protection to plaintiff
Summary of this case from Cook v. Board of Sup'rs of Lowndes County, Miss.No. 81-285.
October 13, 1981.
C.A. 5th Cir. Certiorari denied. Reported below: 645 F.2d 404.
determining questions under 12(b) rather than 12(b) grants additional protection to plaintiff
Summary of this case from Cook v. Board of Sup'rs of Lowndes County, Miss.noting that "an explanation of the basis of the district court's decision can be invaluable even in cases where Rule 52 clearly does not require findings of fact"
Summary of this case from Thomas v. N.A. Chase Manhattan Banknoting that "an explanation of the basis of the district court's decision can be invaluable even in cases where Rule 52 clearly does not require findings of fact"
Summary of this case from Beijing Metals & Minerals Import/Export Corp. v. American Business Center, Inc.cautioning against dismissal for lack of subject matter jurisdiction when basis of jurisdiction is also an element of cause of action
Summary of this case from Delta Coal Program v. Libmanseeking all communications among various groups
Summary of this case from U.S. v. Duke Energy CorporationFull title:WILLIAMSON ET AL. v. TUCKER ET AL
Court:U.S.
Date published: Oct 13, 1981
Id. Whether a particular interest is a "security" is both a question of subject matter jurisdiction and an…
Matek v. MuratThe Glenn Turner test has been adopted by various other circuits. See, e.g., Goodwin v. Elkins Co., 730 F.2d…