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· 8/17/2023

84Partners, LLC v. General Dynamics Electric Boat

Oral argument

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).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.