Hart v. B. F. Keith Vaudeville Exch., 262 U.S. 271 (1923). · Go Syfert
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Hart v. B. F. Keith Vaudeville Exch., 262 U.S. 271 (1923). Cases Citing This Book View Copy Cite
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cited 3× by 1 distinct case, last quoted 1995 · …if the bill or declaration makes a claim that if well founded is within the jurisdiction of the court it is within that jurisdiction whether well founded or not ✓
cited 3× by 2 distinct cases, last quoted 1976 · 2 courts · …we are not prepared to say that nothing can be extracted from this bill that falls under the act of congress . . . . at p. 274 ✓
179 citation events (28 in the last 25 years) across 24 distinct courts.
Strongest positive: James L. Lewis v. United States (cafc, 1995-11-16)
Treatment trajectory · 1923 → 2026 · click a year to view as-of
1923 1974 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
examined Cited as authority (quoted) James L. Lewis v. United States (4×) also: Cited as authority (rule)
Fed. Cir. · 1995 · quote attribution · 3 verbatim quotes · confidence low
if the bill or declaration makes a claim that if well founded is within the jurisdiction of the court it is within that jurisdiction whether well founded or not
cited Cited as authority (rule) Witchard v. United States
Fed. Cl. · 2023 · confidence medium
Keith Vaudeville Exch., 262 U.S. 271, 274 (1923)).
cited Cited as authority (rule) Landgraf v. United States
Fed. Cl. · 2020 · confidence medium
Keith Vaudeville Exch., 262 U.S. 271, 274 (1923)).
cited Cited as authority (rule) Perry v. United States
Fed. Cl. · 2020 · confidence medium
Keith Vaudeville Exch., 262 U.S. 271, 274 (1923)).
cited Cited as authority (rule) Landgraf v. United States
Fed. Cl. · 2020 · confidence medium
Keith Vaudeville Exch., 262 U.S. 271, 274 (1923)).
cited Cited as authority (rule) Ibrahim v. United States
Fed. Cir. · 2020 · confidence medium
Keith Vau- deville Exch., 262 U.S. 271, 274 (1923)).
discussed Cited as authority (rule) Buser v. United States
Fed. Cl. · 2009 · confidence medium
Keith Vaudeville Exch., 262 U.S. 271, 274, 43 S.Ct. 540 , 67 L.Ed. 977 (1923) (second alteration in original)); see also Bell v. Hood, 327 U.S. 678, 682-83 , 66 S.Ct. 773 , 90 L.Ed. 939 (1946) (noting that “a suit may sometimes be dismissed for want of jurisdiction where the alleged claim ... is wholly insubstantial and frivolous”).
cited Cited as authority (rule) Moore-McCormack Lines, Inc. v. International Terminal Operating Co.
S.D.N.Y. · 1985 · confidence medium
Keith Vaudeville Exchange, 262 U.S. 271, 274 [ 43 S.Ct. 540, 541 , 67 L.Ed. 977 ] (1923)); T.B.
discussed Cited as authority (rule) Carlos A. Quinonez v. National Association of Securities Dealers, Inc.
5th Cir. · 1976 · confidence medium
F. Keith Vaudeville Exchange, 262 U.S. 271, 274 [ 43 S.Ct. 540, 541 , 67 L.Ed. 977 ] (1923), is whether “the claim is wholly frivolous.” While the complaint might have been more precise in its allegations concerning the purpose and effect of the conspiracy, “we are not prepared to say that nothing can be extracted from this bill that falls under the act of Congress . . . .” Id., at 274 [43 S.Ct. [540] at page 541.] See also United States v. Employing Plasterers Assn., 347 U.S. 186 [ 74 S.Ct. 452 , 98 L.Ed. 618 ] (1954).
discussed Cited as authority (rule) Hagans v. Lavine (2×)
SCOTUS · 1974 · confidence medium
If these means are rationally related to a proper end, as they are in this case, we have no power to go further." 471 F. 2d 347, 349-350 . [9] Hart v. Keith Exchange, 262 U. S. 271, 274 (1923). [10] Once a federal court has ascertained that a plaintiff's jurisdiction-conferring claims are not "insubstantial on their face," Engineers v. Chicago, R.
discussed Cited as authority (rule) Wholesale Auto Supply Co. v. Hickok Manufacturing Co.
D.N.J. · 1963 · confidence medium
F. Keith Vaudeville Exchange, 262 U.S. 271, 274 [ 43 S.Ct. 540 , 67 L.Ed. 977 ], (1923), is whether ‘the claim is wholly frivolous.’ While the complaint might have been more precise in its allegations concerning the purpose and effect of the conspiracy, ‘we are not prepared to say that nothing can be extracted from this bill that falls under the act of Congress. * * * ’ Id., at 274 [ 43 S.Ct. at 541 ].
discussed Cited as authority (rule) Bianchi v. Griffing
E.D.N.Y · 1963 · confidence medium
That the claim is unsubstantial must be ‘very plain.’ Hart v. Keith Vaudeville Exchange, 262 U.S. 271, 274 [ 43 S.Ct. 540, 541 , 67 L.Ed. 977 ].” At page 200 of 369 U.S., at page 701 of 82 S.Ct., the Court further held in part: “Since the complaint plainly sets forth a case arising under the Constitution, the subject matter is within the federal judicial power defined in Art.
discussed Cited as authority (rule) Paul M. Harrod Company v. AB Dick Company
N.D. Ohio · 1962 · confidence medium
F. Keith Vaudeville Exchange, 262 U.S. 271, 274 [ 43 S.Ct. 540 , 67 L.Ed. 977 ] (1923), is whether ‘the claim is wholly frivolous.’ While the complaint might have been more precise in its allegations concerning the purpose and effect of the conspiracy, ‘we are not prepared to say that nothing can be extracted from this bill that falls under the act of Congress * * *.’ Id., at 274 [ 43 S.Ct. at p. 541 ], See also United States v. Employing Plasterers Ass’n, 347 U.S. 186 , [ 74 S.Ct. 452 , 98 L.Ed. 618 ] (1954).” While the claims and legal theories contained in this complaint “migh…
discussed Cited as authority (rule) Radovich v. National Football League (2×)
SCOTUS · 1957 · confidence medium
F. Keith Vaudeville Exchange, 262 U. S. 271, 274 (1923), is whether “the claim is wholly frivolous.” While the complaint might have been more precise in its allegations concerning the purpose and effect of the conspiracy, “we are not prepared to say that nothing can be extracted from this bill that falls under the act of Congress . . . .” Id., at 274 .
Retrieving the full opinion text from the archive…
Hart
v.
B. F. Keith Vaudeville Exchange Et Al.
763.
Supreme Court of the United States.
May 21, 1923.
262 U.S. 271
1923 U.S. LEXIS 2640
Mr. Martin W. Littleton, with whom Mr. Louis B. Eppstein, Mr. Laurence H. Axman and Mr. Ira W. Hirsh-field were on the brief, for appellant., Mr. George Wharton Pepper, with whom Mr. Maurice Goodman was on the brief, for appellees.
Holmes.
Cited by 67 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 90%
Citer courts: Federal Circuit (3)
Mr. Justice Holmes

delivered the opinion of the Court.

This is a suit by one whose business is getting contracts for vaudeville performers to perform in theatres all over the United States and acting as their manager and personal representative. It is brought against a combination of corporations engaged in similar business, and the owners of a large number of theatres known as the Keith Circuit, the owners of others known as the Orpheum Circuit, and some other persons not needing special mention here, who it is alleged are ruining the plaintiff’s business by a conspiracy forbidden by the Anti-Trust Act of July 2,1890, c. 647, 26 Stat. 209. An injunction and enormous damages are asked. The bill was dismissed for want of jurisdiction by the District Court on the ground that it did not state a cause of action arising under the Constitution or laws of the United States.

The bill sets out at superfluous length a combination of the defendants to exclude actors from the theatres controlled by them; being practically all the theatres in the United States and in Canada in which high class vaudeville entertainments are produced, and to exclude the managers and personal representatives of actors from the defendants’ booking exchange in New York and from business, unless they respectively comply with the defendants’ requirements, including the payment of considerable sums. It is alleged that a part of the defendants’ business is making contracts that call on performers to travel between the States and from abroad and in con[*273] nection therewith require the transportation of large quantities of scenery, costumes and animals. Some or many of these contracts are for the transportation of vaudeville acts, including performers/scenery, music, costumes and whatever constitutes the act, so that it is said that there is a constant stream of this so-called commerce from State to State. The defendants contend and the judge below was of opinion that the dominant object of all the arrangements was the personal performance of the actors, all transportation being merely incidental to that, and therefore that the case is governed by Federal Base Ball Club v. National League, 259 U. S. 200. On the other hand it is argued that in the transportation of vaudeville acts the apparatus sometimes is more important than the performers and that the defendants’ conduct is within the statute to that extent at least.

The jurisdiction of the District Court is the only matter to be considered on this appeal. That is determined by the allegations of the bill, and usually if the bill or declaration makes a claim that if well founded is within the jurisdiction of the Court it is within that jurisdiction whether well founded or not. Louisville & Nashville R. R. Co. v. Rice, 247 U. S. 201, 203. Lamar v. United States, 240 U. S. 60. Geneva Furniture Manufacturing Co. v. S. Karpen & Bros., 238 U. S. 254, 258. The Fair v. Kohler Die & Specialty Co., 228 U. S. 22, 25. While appeals to this Court often are dismissed as frivolous, Equitable Life Assurance Society v. Brown, 187 U. S. 308, 311; Dewing v. Carlisle Packing Co., 226 U. S. 102, 109, 110, the former case expressly and the latter by implication follow and reaffirm Swafford v. Templeton, 185 U. S. 487, 493, to the effect that when a suit is brought in a federal court and the very matter of the controversy is federal it cannot be dismissed for want of jurisdiction “however wanting in merit” may be the averments intended to[*274] establish a federal right. See also St. Louis, Iron Mountain & Southern Ry. Co. v. McWhirter, 229 U. S. 265, 275, 276. It is not necessary to draw the line between the foregoing and other cases brought in Courts of the United States to assert a claim under the Constitution that have been ordered to be dismissed below because “ absolutely devoid of merit,” Newburyport Water Co. v. Newburyport, 193 U. S. 561, 576, 579, beyond confining the latter to those that are very plain. It is enough that we are not prepared to say that nothing can be extracted from this bill that falls under the act of Congress, or at least that the claim is wholly frivolous. The bill was brought before the decision of the Base Ball Club Case, and it may be that what in general is incidental, in some instances may rise to a magnitude that requires it to be considered independently. The logic of the general rule as to jurisdiction is obvious and the case should be decided upon the merits unless the want of jurisdiction is entirely clear. What relief, if any, could be given and how far it could go it is not yet time to discuss.

Decree reversed.