Legal Opinion

Tingey v. Pixley-Richards West, Inc.

Court of Appeals for the Ninth Circuit

Decided January 9, 1992No. Nos. 89-15377, 89-15402 and 89-15452PublishedCited by 72 opinions

1Opinion of the Court

SNEED, Circuit Judge:

The district court dismissed a number of counts of the complaint of the plaintiffs, the Tingeys, and remanded other such counts to the Arizona Superior Court of Maricopa County. The Tingeys appeal the dismissals and the defendants appeal the remands. We hold all such claims should have been dismissed, but in the interest of justice, remand the case to the district court to allow the plaintiffs a final opportunity to attempt to plead a federal cause of action.

I

FACTS AND PROCEEDINGS BELOW

On November 13, 1987, the Tingey family filed in the Arizona court a wrongful…

2Cases cited14 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990

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3Cited by72 opinions

  1. Custer v. Pan American Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1993
  2. California ex rel. Sacramento Metropolitan Air Quality Management District v. United StatesCourt of Appeals for the Ninth Circuit · 2000
  3. Richard C. Glass, of the Estate of Execr Maxwell C. Hostetter, Jr., Margaret Hostetter v. United of Omaha Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1994
  4. 19 Employee Benefits Cas. 1326, Pens. Plan Guide P 23907b George Peterson v. American Life & Health Insurance Company Creative Health Programs Pacific Southwest Association of Small Employer Firms Richard ReynoldsCourt of Appeals for the Ninth Circuit · 1995
  5. Bruce Nutter v. Monongahela Power Company, in Re Monongahela Power CompanyCourt of Appeals for the Fourth Circuit · 1993

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