Legal Opinion
J. Baxter Brinkman Oil and Gas Corp. v. Thomas
District Court, N.D. Texas
Decided March 30, 1988No. CA-3-87-1868-TPublishedCited by 3 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO REMAND
MALONEY, District Judge.
On December 7, 1987, Plaintiffs filed their Motion to Remand. On December 29, 1987, Defendants filed their response.
This case presents the novel question of whether a foreign state may intervene as a defendant in a state court proceeding, where there is otherwise no basis for federal jurisdiction, and then remove the case to federal court pursuant to 28 U.S.C. § 1441(d) on the assertion that the case is one “against a foreign state.” An extensive search of federal case law has revealed no case on point with the specific issue presented,…
2Cases cited5 opinions
- Luther Weems v. Louis Dreyfus CorporationCourt of Appeals for the Fifth Circuit · 1967
- Lenwood Williams, Jr. v. The Shipping Corporation of IndiaCourt of Appeals for the Fourth Circuit · 1981
- Hopkins Erecting Co. v. Briarwood Apartments of LexingtonDistrict Court, E.D. Kentucky · 1981
- Armstrong Cover Co. v. WhitfieldDistrict Court, N.D. Georgia · 1976
- Eastern Indemnity Co. v. J.D. Conti Electric Co.District Court, E.D. Virginia · 1983
3Cited by3 opinions
- Delgado v. Shell Oil Co.District Court, S.D. Texas · 1995
- EIE Guam Corp. v. Long Term Credit Bank of Japan, Ltd.Court of Appeals for the Ninth Circuit · 2003
- Eie Guam Corporation, a Guam Corporation v. The Long Term Credit Bank of Japan, Ltd., Now Known as the Shinsei Bank, Ltd., a Japanese Corporation and the Resolution and Collection Corporation, a Japanese Corporation, Eie Guam Corporation, a Guam Corporation v. The Long Term Credit Bank of Japan, Ltd., Now Known as the Shinsei Bank, Ltd., a Japanese Corporation and the Resolution and Collection Corporation, a Japanese CorporationCourt of Appeals for the Ninth Circuit · 2003