Legal Opinion

Arthur R. Borden, Jr. v. Anita Katzman

Court of Appeals for the Eleventh Circuit

Decided August 29, 1989No. 87-3351PublishedCited by 53 opinions

1Opinion of the Court

GARZA, Senior Circuit Judge:

In this case appellant asserts that the district court erroneously exercised jurisdiction of appellee’s declaratory judgment action, which was brought under the Copyright Act of 1976. We are convinced that the only issues before the district court presented questions of state law requiring neither determination of a claim for infringement nor construction of the Copyright Act. Therefore, we reverse the decision of the district court, vacate the order issued pursuant thereto and remand for dismissal of the cause for lack of subject matter jurisdiction.

Background

Appel…

2Cases cited5 opinions

  1. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  2. Mazer v. SteinSupreme Court of the United States · 1954
  3. T. B. Harms Company v. Edward Eliscu and Ross Jungnickel, Inc.Court of Appeals for the Second Circuit · 1964
  4. Marguerite Dolch v. United California Bank, a Corporation and Catherine D. McAndrewCourt of Appeals for the Ninth Circuit · 1983
  5. Shapiro, Bernstein & Co. v. BleekerDistrict Court, S.D. California · 1963

3Cited by53 opinions

  1. Tewarson v. SimonOhio Court of Appeals · 2001
  2. Neva, Inc. v. Christian Duplications International, Inc.District Court, M.D. Florida · 1990
  3. Federal Election Commission v. Reform Party of the United StatesCourt of Appeals for the Eleventh Circuit · 2007
  4. Ronald Sellers v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2020
  5. Sullivan v. Naturalis, Inc.Court of Appeals for the Eleventh Circuit · 1993

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