Legal Opinion
Gatlin v. Countryside Industries, Inc.
District Court, N.D. Texas
Decided June 7, 1983No. Civ. A. CA3-82-2018-DPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT M. HILL, District Judge.
Came on for consideration before the Court the motion of Kenneth W. Gatlin et al. (“Gatlin”) to remand this action to the state court. The issue before this Court is whether one of the causes of action alleged in Gatlin’s original complaint “arises under” the Constitution, laws, or treaties of the United States. U.S. Const, art. III; 28 U. S.C. §§ 1331, 1337. Having considered the parties’ briefs in light of the applicable law, the Court is of the opinion that this action was improperly removed and that Gatlin’s motion to remand…
2Cases cited16 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- American Well Works Company v. Layne and Bowler CompanySupreme Court of the United States · 1916
- Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
- Crane v. Cedar Rapids & Iowa City Railway Co.Supreme Court of the United States · 1969
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