· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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