Legal Opinion
Sterrett v. Milk River Production Credit Ass'n
District Court, D. Montana
Decided July 30, 1986No. CV-85-270-GFPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HATFIELD, District Judge.
This matter comes before the court on motion of the plaintiffs requesting the court to enter an order of remand pursuant to 28 U.S.C. § 1447(c).
BACKGROUND
The defendants, the Milk River Production Credit Association (“MRPCA”) and the Federal Intermediate Credit Bank of Spokane (“FICBS”), invoke the removal jurisdiction of this court pursuant to 28 U.S.C. § 1441. 1 Relying upon the “artful pleading” limitation to the “well-pleaded complaint” rule, see, Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, n. 2, 101 S.Ct. 2424, n. 2, 69 L.Ed.2d…
2Cases cited13 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Richards v. United StatesSupreme Court of the United States · 1962
- Lake Country Estates, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 1979
- Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brekke v. VolckerDistrict Court, D. Montana · 1987
- Federal Land Bank of Spokane v. StilesDistrict Court, D. Montana · 1988
- Tooke v. Miles City Production Credit Ass'nMontana Supreme Court · 1988
- Tooke v. Miles City Prod. Credit AsMontana Supreme Court · 1988