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SALVESON v. WESTERN STATES BANKCARD ASS'N

Nos. 82-4067, 82-4113 and 82-4139.

731 F.2d 1423 (1984)

Melvin E. SALVESON, an individual, and Electronic Currency Corporation, a corporation, Plaintiffs-Appellants, v. WESTERN STATES BANKCARD ASSOCIATION, et al., Defendants-Appellees. Melvin E. SALVESON, an individual, and Electronic Currency Corporation, a corporation, Plaintiffs-Cross-Appellees, v. WESTERN STATES BANKCARD ASSOCIATION and Mastercard International, Inc. (formerly Interbank Card Association), Defendants-Cross-Appellants. Melvin E. SALVESON, an individual, and Electronic Currency Corporation, a corporation, Plaintiffs-Cross-Appellees, v. The BANK OF CALIFORNIA, N.A., Defendant-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1984.

Attorney(s) appearing for the Case

Lawrence John Appel, Joseph M. Alioto, Alioto & Alioto, San Francisco, Cal., for plaintiffs-appellants.

John B. Bates, Terence A. Callan, Michael H. Salinsky, Mark White, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before ANDERSON and POOLE, Circuit Judges, and SOLOMON, District Judge.

POOLE, Circuit Judge:

In the aftermath of the Supreme Court's decision in Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 101 S.Ct. 2424, 69 L.Ed.2d 103 (1981), we are called upon to decide what is the proper treatment when, in a case removed from state to federal court, it is determined that the plaintiff's complaint, though "artfully pleaded" as a state claim, is in fact a federal claim over which federal courts...

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