Legal Opinion

La Chemise Lacoste v. Alligator Co.

Court of Appeals for the Third Circuit

Decided December 26, 1974No. 74-1493PublishedCited by 67 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The decisive question posed by this appeal is whether there was proper federal jurisdiction in a declaratory judgment proceeding removed from the Delaware Court of Chancery. The district court refused to remand and proceeded to an adjudication on the merits. Appellants contend here, as they did at the trial level, that because a federal question did not appear in plaintiff’s complaint, the case was improperly removed. We agree with the appellants and will vacate the judgment without comment on the merits.

The genesis of this case is a contest between…

2Cases cited33 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  3. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  4. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  5. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951

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3Cited by67 opinions

  1. Encompass Insurance Co v. Stone Mansion Restaurant IncCourt of Appeals for the Third Circuit · 2018
  2. Takeda v. Northwestern National Life InsuranceCourt of Appeals for the Ninth Circuit · 1985
  3. The Vision Center, Cross v. Opticks, Inc., Will Ross, Inc. And G. D. Searle & Co., CrossCourt of Appeals for the Fifth Circuit · 1979
  4. Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
  5. In Re Hot-Hed Inc.Court of Appeals for the Fifth Circuit · 2007

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