“What seems most interesting is, in the Statement of the Case, where Hemenway points out that the court below found that Colonel Hollister had “standing.” He did this, as noted, by finding that he had jurisdiction but then dismissed on the grounds of failure to state a claim under Rule 12(b)(6). Soetoreo a/k/a Obama and Biden did not cross appeal the finding of standing by Judge Robertson. Why do you suppose this was since every other case that has been focused upon, over 20, have been dismissed for lack of standing? Why would not Soetoro a/k/a Obama and Biden have cross-appealed that finding of subject matter jurisdiction?”
AmericanVictory:
I don't see where Judge Robertson said that Hollister had “standing”. I see just the opposite.
Yes, the judge said he had jurisdiction under the interpleader statute, but that doesn't translate to automatic standing, in my non-lawyer understanding.
The judge said Hollister lacked standing (the broad definition of standing) under the very same rule you mentioned: rule 12(b)(6) due to failure to state a claim upon which relief could be granted under the interpleader statute.