3. Just as plaintiff cannot create federal jurisdiction by anticipating defendants responses, so plaintiff cannot block removal
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3. Just as plaintiff cannot create federal jurisdiction by anticipating defendant’s responses, so plaintiff cannot block removal by disguising the federal nature of his claim.
In BRIGHT v. BECHTEL PETROLEUM, INC., 780 F.2d 766 (9th Cir. 1986), plaintiff sued in state court alleging his employer breached his employment contract by issuing a paycheck less than the contract required because it was net of state and federal income taxes. The
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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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