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JOHNSON v. SMITH

No. C-85-0145 SW.

630 F.Supp. 1 (1986)

William P. JOHNSON, Plaintiff, v. Kenneth R. SMITH dba Diversified Contract Services Inc.; Diversified Contract Services, Inc., Defendants.

United States District Court, N.D. California.

Order Imposing Sanctions February 13, 1986.

Attorney(s) appearing for the Case

Dillingham & Murphy, William F. Murphy, San Francisco, Cal., for plaintiff.

Alexander, Millner & McGee, David F. Offen-Brown, Oakland, Cal., for defendants Diversified Contract Services, Inc. and Kenneth R. Smith dba Diversified Contract Services.

ORDER AND MEMORANDUM REMANDING ACTION

SPENCER WILLIAMS, District Judge.

Immediately prior to the scheduled trial of this case, the court sua sponte sought briefing on the existence of federal subject matter jurisdiction over this action. The question presented is whether any part of plaintiff's case can be said to "arise under" federal law, within the meaning of 28 U.S.C. § 1331. For the reasons indicated below, the court finds no federal jurisdiction...

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