1. In Shamrock, defendant could have filed his federal counterclaim as an independent action in federal court,...

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1. In Shamrock, defendant could have filed his federal counterclaim as an independent action in federal court, yet plaintiff functionally in the position of defendant to the counterclaim could not remove the action to federal court. Is this limitation on removal constitutionally grounded? Is it consistent with the well-pleaded complaint rule of Mottley, p. 296, supra?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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