Legal Opinion
McCarthy Western Constructors, Inc. v. Phoenix Resort Corp.
Court of Appeals for the Ninth Circuit
Decided December 23, 1991No. 91-15797PublishedCited by 5 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
Resolution Trust Corporation (RTC) appeals from the order remanding this matter to state court. RTC contends that the district court erred in ruling that the notice of removal was untimely. We do not reach this question. RTC was not a party to the state court proceedings. We affirm the order granting remand because Congress has determined that removal jurisdiction can only be invoked by a party to the state court proceedings.
The specific jurisdictional question we must decide is whether a district court has been authorized by Congress to exercise removal jurisdiction…
2Cases cited11 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Libhart v. Santa Monica Dairy Co.Court of Appeals for the Ninth Circuit · 1979
- Joe P. Farina v. Mission Investment TrustCourt of Appeals for the Fifth Circuit · 1980
- Heafitz v. Interfirst Bank of DallasDistrict Court, S.D. New York · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Harding Ex Rel. Williams v. BellDistrict Court, D. New Jersey · 1993
- Resolution Trust Corp. v. Bayside DevelopersDistrict Court, N.D. California · 1993
- Crawford Country Homeowners Ass'n v. Delta Savings & LoanCourt of Appeals for the Ninth Circuit · 1996
- 96 Cal. Daily Op. Serv. 1180, 96 Daily Journal D.A.R. 2043, 96 Daily Journal D.A.R. 2586 Crawford Country Homeowners Association, Inc., a California Non-Profit Mutual Benefit Corporation v. Delta Savings and Loan, a California Corporation, and Resolution Trust Corporation, as Receiver for Delta Federal Savings BankCourt of Appeals for the Ninth Circuit · 1996
- Mccarthy Western Constructors, Inc. v. The Phoenix Resort CorporationCourt of Appeals for the Ninth Circuit · 1991