Kois v. Breier

2 Citing cases

  1. Conservation Law Found. of New England v. Browner

    840 F. Supp. 171 (D. Mass. 1993)   Cited 5 times

    That section expressly provides a federal forum but it is in no sense an alternative basis for jurisdiction and the assumption that under-girds this footnote is that the citizen suit provision of CERCLA prohibits class actions. True, the intent of Congress in enacting federal question jurisdiction is to provide broad jurisdictional grant to federal courts, Kois v. Breier, 312 F. Supp. 19, 23 (E.D.Wis. 1970) and a sympathetic and knowledgeable forum for the vindication of their federal rights. Hunter v. United Van Lines, 746 F.2d 635, 639 (9th Cir. 1984), cert. denied, 474 U.S. 863, 106 S.Ct. 180, 88 L.Ed.2d 150 (1985).

  2. Scherr v. Municipal Court

    15 Cal.App.3d 930 (Cal. Ct. App. 1971)   Cited 5 times
    In Scherr, the court in essence found it impossible to take a particular issue of an underground newspaper as a whole in its entirety.

    Appellant cites three cases involving newspapers. In Kois v. Breier (E.D.Wis.) 312 F. Supp. 19, the United States district judge held that a newspaper was not, as a matter of law, obscene although it contained photographs and drawings of nude males, a drawing and discussion of sexual activity, and discussion of homosexuality. The court did not presently grant injunction against prosecution under the statutes of Wisconsin, but retained jurisdiction to issue an injunction should such relief become necessary.