United States Fourth Circuit
INTERSTATE PETROLEUM CORP v. MORGAN, 97-1409
Declaratory Judgement Act, 28 USC 2201(a), does not confer jurisdiction when the statute at issue does not provide an independent basis for federal jurisdiction. Since the Petroleum Act does not authorize franchisors to bring suit in federal court, the issue of whether plaintiff sought declaratory relief is moot.
Appellate Information
- Argued 01/23/2001
- Decided 11/13/2000
- Published 11/13/2000
Judges
- Before WILKINSON, Chief Judge, WIDENER, WILKINS, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, and GREGORY, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Alan Gordon McGonigal, Bailey, Riley, Buch & Harman, L.C., Wheeling, West Virginia, for Appellants. Steven William Zoffer, Dickie, McCamey & Chilcote, Wheeling, West Virginia, for Appellee. ON BRIEF: Arch W. Riley, Sr., Bailey, Riley, Buch & Harman, L.C., Wheeling, West Virginia, for Appellants.