Legal Opinion
Barnhart-Graham Auto, Inc. v. Green Mountain Bank
District Court, D. Vermont
Decided March 17, 1992No. Civ. A. 92-84PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
BILLINGS, District Judge.
Plaintiffs moved this court on March 13, 1992, to remand the above-entitled action to Rutland Superior Court. They allege that defendant improperly removed the case since the complaint avers no federal question and, alternatively, defendant manifested clear intent to subject itself to state court jurisdiction and to waive its right to remove to federal court.
Section 1447(c) of Title 28 provides that if “it appears that the district court lacks subject matter jurisdiction,” then the case shall be remanded and the court “may require payment of just…
2Cases cited8 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- Oklahoma Tax Commission v. GrahamSupreme Court of the United States · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Property Clerk, New York City Police Dept. v. FyfeDistrict Court, S.D. New York · 2002