· 8/17/2023
84Partners, LLC v. General Dynamics Electric Boat
Oral argument
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Source: CourtListener oral-argument corpus (CC0).
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a condemnor railroad in a condemnation proceeding is the true plaintiff for removal purposes even though a state statute required captioning the railroad as the defendant
- holding that railroad company was considered the plaintiff under Section 1441(a) and not authorized to remove case to federal court where it was attempting 3 See 28 U.S.C. § 1441(a
- holding that railroad company was considered the plaintiff under Section 1441(a) and not authorized to remove case to federal court where it was attempting 3 See 28 U.S.C. § 1441(a
- noting that state “procedural provisions cannot control the privilege of removal granted by the federal statute”
- stating that when the jurisdiction of the state district court is invoked, an eminent domain action becomes civil in nature
- affirming Shamrock and holding that the defendant railroad was a plaintiff for purposes of the removal statute despite state procedural rule stating it should be docketed as the defendant
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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