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· 7/25/1988

Mercantile National Bank at Dallas v. Bradford Trust Company, N/k/a Fidata Trust Company

Citations

  • 850 F.2d 215
  • 1988 U.S. App. LEXIS 9932
  • 1988 WL 69310

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that federal courts may only award attorneys’ fees in declaratory judgment actions, which originated under state law, where federal law authorizes the award
  • holding that the federal Declaratory Judgment Act “does not by itself provide statutory authority to award attorney’s fees that would . . . otherwise be available under state law in a diversity action”
  • finding that in a declaratory judgment action based upon diversity, liability for attorney fees depends on state law
  • “The federal Declaratory Judgment Act ‘does not by itself provide statutory authority to award attorney’s fees that would not otherwise be available under [substantive] state law in a diversity action.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Gee, Garwood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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