Legal Opinion
County of Jackson v. DUKE ENERGY CAROLINAS, LLC
District Court, W.D. North Carolina
Decided November 4, 2009No. Civil Case 2:09cv45Published
1Opinion of the Court
ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on Duke Energy Carolinas’ (Duke) (1) Motion to Dismiss all Claims by Jackson County (County) for Lack of Subject Matter Jurisdiction; and (2) Motion for Summary Judgment with Respect to its First Claim for Relief (Declaratory Judgment) [Doc. 7] and the Plaintiffs Motion to Remand [Doc. 11].
PROCEDURAL HISTORY
On August 18, 2009, Duke removed this action filed against it by the County in Jackson County Superior Court. [Doc. 1]. At the time of removal, The Bank of New York Mellon Trust Company, N.A. (Bank) had not yet been…
2Cases cited26 opinions
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- City of Tacoma v. Taxpayers of TacomaSupreme Court of the United States · 1958
- First Iowa Hydro-Electric Cooperative v. Federal Power CommissionSupreme Court of the United States · 1946
- Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
- Mulcahey v. Columbia Organic Chemicals Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
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