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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.