Iowa Comprehensive Petroleum Underground Storage Tank Fund Board v. Amoco Oil Co.

ORDER GRANTING MOTION TO REMAND

BENNETT, District Judge.

TABLE OF CONTENTS

I. INTRODUCTION. 405

II. ANALYSIS

Removal and Remand. A.

Subject Matter Jurisdiction. B.

Factors in Determining Status of an Entity. C.

1. Power to Sue and Be Sued in Its Own Name and to Enter into Contracts.•.. CO

Degree of Autonomy Over its Operations. (M ^ CS

Whether the Entity is Performing a Governmental or Proprietary Function.. CO M*

Whether an Entity has been Separately Incorporated. tO

Whether Entity’s Property is Immune From State Taxation. LO £0

Local Law and Decisions. ?£> ^ fcO

Immunity..' t-tO

8. Fiscal Autonomy. tfX tO

C…