Legal Opinion

State Tax Commission v. Union Carbide Corporation

District Court, D. Idaho

Decided December 13, 1974No. Civ. 1-74-173PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM DENYING MOTION TO RECONSIDER

J. BLAINE ANDERSON, District Judge.

Union Carbide Corporation (“corporation”) has moved pursuant to Rule 60, F.R.Civ.P. for reconsideration of the Court’s ruling of October 7, 1974, remanding this action to state court. Inasmuch as an order of remand in this type of case is not appealable, 28 U.S. C. § 1447(d), the Court accepts this opportunity to elaborate on the reasons for that decision.

This action was commenced by the Idaho State Tax Commission (“tax commission”) by a complaint filed in the District Court for the Fourth Judicial District of the State…

2Cases cited18 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950

13 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Nuclear Engineering Company v. William J. Scott, Illinois Ex Rel. William J. Scott v. Nuclear Engineering CompanyCourt of Appeals for the Seventh Circuit · 1981
  2. United States Steel Corp. v. Multistate Tax CommissionSupreme Court of the United States · 1978
  3. Snow v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 1977
  4. Eure v. NVF Co.District Court, E.D. North Carolina · 1979
  5. Edwards v. Transcontinental Gas Pipe Line Corp.District Court, M.D. Louisiana · 1979

7 more not listed; retrieve them via the Exa API.

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