Legal Opinion
Gemcraft Homes, Inc. v. Sumurdy
District Court, E.D. Texas
Decided June 7, 1988No. Civ. A. S-88-135-CAPublishedCited by 21 opinions
1Opinion of the Court
ORDER
PAUL N. BROWN, District Judge.
The Court has before it plaintiff’s Motion to Remand Case and for Rule 11 Sanctions. The resolution of this motion calls for examination of the Copyright Act of 1976, 17 U.S.C. § 101-810, with regard to the “artful pleading” and “complete pre-emption” doctrines.
I. FACTS
Plaintiff, Gemcraft Homes, Inc., is in the business of building and selling residential homes. On March 31, 1988, plaintiff brought suit in state court against defendants, Douglas Sumurdy and Warren Packer, individually and doing business as Pacific Coast Homes. On April 27, 1988, plaintiff…
2Cases cited18 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
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3Cited by21 opinions
- Daboub v. GibbonsCourt of Appeals for the Fifth Circuit · 1995
- Trugreen Landcare, L.L.C. v. ScottDistrict Court, N.D. Texas · 2007
- Carson v. Dynegy, Inc.Court of Appeals for the Fifth Circuit · 2003
- PMC, Inc. v. Saban Entertainment, Inc.California Court of Appeal · 1996
- Rosciszewski v. Arete Associates, Inc.Court of Appeals for the Fourth Circuit · 1993
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