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United States First Circuit


PENOBSCOT NATION v. GEORGIA-PACIFIC CORP., 00-2265

For purposes of the general federal-question jurisdiction statute, 28 USC 1331, a federal court lacks jurisdiction to hear a complaint that fails to allege federal claims or supports diversity jurisdiction even if a defense to the claim may provide subject matter jurisdiction.

Appellate Information

  • Decided 06/20/2001
  • Published 06/20/2001

Judges

  • BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge and LYNCH, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Kaighn Smith, Jr. with whom Gregory W. Sample and Drummond Woodsum & MacMahon were on brief for appellants.

  • For Appellees:
  • Catherine R. Connors with whom Matthew D. Manahan and Pierce Atwood were on brief for appellees., William R. Stokes, Assistant Attorney General, with whom Andrew Ketterer, Attorney General, and Paul Stern, Deputy Attorney General, were on brief for defendant, intervenor-appellee.
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