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· 4/9/1973

Betty B. Burgess, Individually and as Administratrix of the Estate of S. Reed Burgess, Jr., Deceased v. Charlottesville Savings and Loan Association

Citations

  • 477 F.2d 40
  • 1973 U.S. App. LEXIS 10632

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating in order to establish a federal question “arising under” federal law, the allegations in the complaint must “affirmatively and distinctly” establish the federal grounds.
  • “It is the obligation to disclose, not the duty of subsequent performance, towards which the [Truth in Lending] Act is directed.”
  • “[I]t has often been-held that federal courts must be alert to avoid overstepping their limited grants of jurisdiction. At any stage of a litigation, including the appellate, subject-matter jurisdiction may be questioned.”
  • “[T]he complaint must . . . contain allegations affirmatively and distinctly establishing federal grounds not in mere form, but in substance and not in mere assertion, but in essence and effect.”
  • “[T]he complaint must . . . contain allegations affirmatively and distinctly establishing federal grounds not in mere form, but in substance and not in mere assertion, but in essence and effect.”’
  • to sustain federal question jurisdiction, the complaint must contain allegations “affirmatively and distinctly” establishing federal grounds “not in mere form, but in substance . . . . Mere conclusory allegations in the complaint are insufficient to support jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Haynsworth, Russell, Widener

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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