Ak-Sar-Ben Pizza Hut, Etc. v. State of Nebraska Department of Roads

Eighth Circuit

Ak-Sar-Ben Pizza Hut, Etc. v. State of Nebraska Department of Roads

476 F.2d 1283, 1973 U.S. App. LEXIS 9875

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 18, 1973

Docket73-1028

StatusPublished

This text of 476 F.2d 1283 (Ak-Sar-Ben Pizza Hut, Etc. v. State of Nebraska Department of Roads) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ak-Sar-Ben Pizza Hut, Etc. v. State of Nebraska Department of Roads, 476 F.2d 1283, 1973 U.S. App. LEXIS 9875 (8th Cir. 1973).

Pincite

Opinion

ORDER

BY THE COURT.

Upon due consideration of the proceedings in the district court, the briefs of the parties and argument of counsel, the court is convinced that the district court lacked jurisdiction of the subject matter of this action in that there was not a substantial federal question involved and no other basis for federal jurisdiction. Accordingly, the judgment granting the temporary injunction is reversed and the cause is remanded with directions to the district court to forthwith vacate the temporary injunction and dismiss the action for lack of jurisdiction. Our mandate shall issue immediately.

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ORDER

BY THE COURT.

Upon due consideration of the proceedings in the district court, the briefs of the parties and argument of counsel, the court is convinced that the district court lacked jurisdiction of the subject matter of this action in that there was not a substantial federal question involved and no other basis for federal jurisdiction. Accordingly, the judgment granting the temporary injunction is reversed and the cause is remanded with directions to the district court to forthwith vacate the temporary injunction and dismiss the action for lack of jurisdiction. Our mandate shall issue immediately.

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Bluebook (online)

476 F.2d 1283, 1973 U.S. App. LEXIS 9875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ak-sar-ben-pizza-hut-etc-v-state-of-nebraska-department-of-roads-ca8-1973.