Legal Opinion
PLM, INC. v. Consolidated Rail Corp.
District Court, E.D. Pennsylvania
Decided May 6, 1980No. Civ. A. 80-0308PublishedCited by 4 opinions
1Opinion of the Court
OPINION
JOSEPH S. LORD, III, Chief Judge.
This is an action for declaratory relief. The case was removed here by the defendant, Consolidated Rail Corporation (Conrail), on the ground that the complaint asserts a claim arising under the laws of the United States. 1 The plaintiff, PLM, Inc., now seeks an order remanding the case to the Pennsylvania Court of Common Pleas. In support of its motion for remand PLM urges that its claims depend solely on state law. I will grant the motion.
On removal of an action for state declaratory relief the rule in this circuit is that the district court must look…
2Cases cited8 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Allen v. MackSupreme Court of Pennsylvania · 1942
- Westmoreland Hospital Association v. Blue Cross Of Western PennsylvaniaCourt of Appeals for the Third Circuit · 1979
- La Chemise Lacoste, a French Corporation v. The Alligator Company, Inc., a Delaware Corporation, and Third-Party v. Jean Patou, Inc., a New York Corporation, Third-Partydefendant-AppellantCourt of Appeals for the Third Circuit · 1974
- N. L. Wymard and George L. Stark, Receivers of Kemmel & Co., Inc., Debtor v. McCloskey & Co., Inc.Court of Appeals for the Third Circuit · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- New England Explosives Corp. v. Maine Ledge Blasting Specialist, Inc.District Court, D. Maine · 1982
- Collins v. American Red CrossDistrict Court, E.D. Pennsylvania · 1989
- Kirk v. Allegheny Towing Inc.District Court, W.D. Pennsylvania · 1985
- McEvilly v. Rush Presbyterian St. Luke's Medical CenterDistrict Court, N.D. Illinois · 1991