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

Court of Appeals for the Eighth Circuit·Decided May 18, 1973·No. 73-1028·Published

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.

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

476 F.2d 1283 (Ak-Sar-Ben Pizza Hut, Etc. v. State of Nebraska Department of Roads) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.