Legal Opinion · Dissent

Mailloux v. Mailloux

Court of Appeals for the Ninth Circuit

Decided May 31, 1977No. Nos. 75-2898, 76-1836Published

1DissentSneed, Circuit Judge

I respectfully dissent. The Organic Act of Guam grants neither diversity nor removal jurisdiction to the District Court of Guam.

*979The majority opinion asserts that a congressional intent to extend diversity jurisdiction to the District Court of Guam can be gleaned from a combined reading of sections 1421b(u) and 1424(a) of the Organic Act of Guam, 48 U.S.C. §§ 1421, et seq. (1970). Even the majority implicitly recognizes that section 1424(a), which gives the District Court of Guam jurisdiction over controversies “arising under” the laws of the United States, cannot by itself support a finding…

2Cases cited32 opinions

  1. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  4. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  5. Reid v. CovertSupreme Court of the United States · 1957

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