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· 7/1/1998

Home Builders Ass'n of Mississippi, Inc. v. City of Madison

Citations

  • 143 F.3d 1006

How courts have described this case

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

  • holding that a dismissal for lack of subject matter jurisdiction is not an adjudication on the merits and should be without prejudice
  • “The act imposes drastic limitations on the federal judiciary’s ability to meddle with a local concern as important and sensitive as the collection of taxes.”
  • “A case is properly dismissed for lack of subject matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the case.”
  • “A motion under 12(b)(1) should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief.”
  • “A motion under 12(b)(1) should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief.”
  • dismissal for lack of subject-matter jurisdiction is not a ruling on the merits

Source: CourtListener parenthetical corpus (CC0).

Judges: Wisdom, Jolly, Higginbotham

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.