United States Fourth Circuit

In a declaratory judgment action, the federal right litigated may belong to the declaratory judgment defendant rather than the declaratory judgment plaintiff, so subject matter jurisdiction is based on whether the complaint alleges a claim arising under federal law that the declaratory judgment defendant could affirmatively bring against the declaratory judgment plaintiff.

Appellate Information

• Argued 12/06/2000
• Decided 01/08/2001
• Published 01/08/2001

Judges

• Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Amy Marie Smith, Steptoe & Johnson, Clarksburg, WV, for Appellant. Joseph Algernon Wallace, Elkins, WV, for Appellee. ON BRIEF:  William E. Mohler, III, Columbia Gas Transmission Corporation, Charleston, WV, for Appellant.  Paul J. Harris, National Property Rights Center, Richmond, VA;  Herbert G. Underwood, Clarksburg, WV, for Appellee.