Legal Opinion
Illinois Ex Rel. Secretary of the Department of Transportation v. DeLong's Inc.
District Court, C.D. Illinois
Decided July 15, 1999No. 99-3026Published
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge.
Because the essential nature and effect of this proceeding establish that the State of Illinois is the real party in interest, Defendant’s removal of this case cannot be founded upon diversity of jurisdiction.
Accordingly, Plaintiffs motion to remand is allowed.
I. BACKGROUND
Charles W. Wandling is a resident of the State of Illinois and works for the Illinois Department of Transportation (“IDOT”). DeLong’s, Inc., is a Missouri corporation which transacts business within the State of Illinois selling structural steel to IDOT to be used on its bridge projects.
O…
2Cases cited14 opinions
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
- Highway Comm. of Wyoming v. Utah Construction Co.Supreme Court of the United States · 1929
- Nuclear Engineering Company v. William J. Scott, Illinois Ex Rel. William J. Scott v. Nuclear Engineering CompanyCourt of Appeals for the Seventh Circuit · 1981
- Walter Spearman v. Exxon Coal Usa, Inc.Court of Appeals for the Seventh Circuit · 1994
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