Legal Opinion

Mountain Fuel Supply Co. v. Shell Oil Co.

District Court, D. Utah

Decided October 1, 1981No. C 76-80PublishedCited by 4 opinions

1Opinion of the Court

ORDER OF REMAND

ALDON J. ANDERSON, Chief Judge.

The above-entitled case was removed to this court from the Third Judicial District Court for Salt Lake County, State of Utah, by defendant Shell Oil Corporation (Shell) on March 16,1976. The petition for removal, plaintiff’s second amended complaint, and defendants’ counterclaims presume diversity jurisdiction is proper under 28 U.S.C. § 1332, and that procedural relief is available under 28 U.S.C. § 1441 et seq. This court is of the opinion that pursuant to 28 U.S.C. § 1441(c) the substantial issues of this case should be remanded to state court…

2Cases cited15 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  3. Hicks v. MirandaSupreme Court of the United States · 1975
  4. Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
  5. Alabama Public Service Commission v. Southern Railway Co.Supreme Court of the United States · 1951

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3Cited by4 opinions

  1. Hanna Mining Co. v. Minnesota Power and Light Co.District Court, D. Minnesota · 1983
  2. US West, Inc. v. NelsonCourt of Appeals for the Ninth Circuit · 1998
  3. Charles T. Miller v. Nys Public Service Commission and Jamaica Water CompanyCourt of Appeals for the Second Circuit · 1986
  4. 98 Cal. Daily Op. Serv. 4593, 98 Daily Journal D.A.R. 6539 Us West, Inc., a Delaware Corporation Us West Communications Group, Inc., a Colorado Corporation and Us West Dex, Inc., a Colorado Corporation v. Sharon L. Nelson, in Her Official Capacity as Chairman of the Washington Utilities and Transportation Commission Richard Hemstad, in His Official Capacity as Commissioner of the Washington Utilities and Transportation Commission and William R. Gillis, in His Official Capacity as Commissioner of the Washington Utilities and Transportation CommissionCourt of Appeals for the Ninth Circuit · 1998

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