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· 1/17/1996

S.W.S. Erectors, Inc. v. Infax, Inc.

Citations

  • 72 F.3d 489
  • 33 Fed. R. Serv. 3d 747
  • 1996 U.S. App. LEXIS 491
  • 1996 WL 1214

How courts have described this case

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

  • holding that deposition testimony that the “actual damages” exceeded the jurisdictional amount constituted “other paper”
  • finding that “an affidavit created by the defendant and based on the defendant’s subjective knowledge cannot convert a non- removable action into a removable one”
  • do not defeat motion for summary judgment by using affidavit which impeaches, without explanation, sworn testimony
  • “[A]n affidavit created by the defendant and based on the defendant’s subjective knowledge cannot convert a non-removable action into a removable one.”
  • “We find that an affidavit created by the defendant and based on the defendant’s subjective knowledge cannot convert a non-removable action into a removable one. We hold that the affidavit, created entirely by the defendant, is not ‘other paper’ under section 1446(b

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Demoss, Stewart

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.