Legal Opinion · Dissent
Fox v. Consolidated Rail Corp.
Court of Appeals for the Third Circuit
Decided July 20, 1984No. 83-5666Published
1DissentWeis, Circuit Judge
I agree with the majority that the interpretation of a settlement agreement in a FELA suit is a matter of federal law, Dice v. Akron, Canton, & Youngstown Railroad, 342 U.S. 359, 361-62, 72 S.Ct. 312, 314-15, 96 L.Ed. 398 (1952), and that federal courts have jurisdiction over cases such as the one at hand, Imm v. Union Railroad, 289 F.2d 858 (3d Cir.1961). I dissent because I cannot agree with the majority’s determination that plaintiffs must bring their action in the state court. Moreover, although the point is not squarely addressed by the majority, I would conclude that the district court…
2Cases cited25 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
- McClellan v. CarlandSupreme Court of the United States · 1910
- Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
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