Richard Pressl v. Appalachian Power Company
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge TRAXLER and Judge FLOYD joined.
DIANA GRIBBON MOTZ, Circuit Judge:
Landowners brought this action in state court seeking a declaration of their rights to build a dock on property subject to a flowage easement. After the power company, which owns the easement, removed the case to federal court, the landowners sought to remand the case to state court. The district court denied the motion to rerñand and then dismissed the landowners’ complaint. Because the district court lacked subject matter jurisdiction, we…
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