· 4/28/1993
American Policyholders Insurance Company v. Nyacol Products, Inc.
Citations
- 989 F.2d 1256
- 1993 U.S. App. LEXIS 9784
- 1993 WL 41069
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the parties “cannot confer subject matter jurisdiction by agreement”
- holding § 1442 is designed to allow federal officers to remove actions that otherwise would be unremovable
- explaining that \a party may not raise new and additional matters for the first time in a petition for rehearing\
- explaining that an official capacity suit is, in all respects other than in name, a suit against the government entity that the officer represents
- vacating dismissal and ordering the district court to “return the improvidently removed action to the court from whence it emanated”
- considering whether removal was proper, despite parties’ agreement that the federal courts had subject matter jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Selya, Stahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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