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TRAVELERS INDEM. CO. v. SARKISIAN

Nos. 777, 796 and 818, Docket 85-7935, 85-7937 and 85-7939.

794 F.2d 754 (1986)

The TRAVELERS INDEMNITY COMPANY, Plaintiff-Appellant, v. George K. SARKISIAN, John Sarkisian, Norman Preskitt, Ivy Mechanical & Electrical Associates, Inc., Sarkisian Brothers, Inc., Sarco Industries, Inc., Sarbro Equipment Corp., and John Doe and Richard Roe, said names being fictitious but meant to designate the officers, employees and/or agents of the aforesaid defendants, presently unknown to the Plaintiff, who participated in the acts set forth herein, Defendants-Appellees. The TRAVELERS INDEMNITY COMPANY, as Assignee of Judgments Against Midstate Constructors, Inc., to Enforce Certain Judgments, Petitioner-Appellant, v. George SARKISIAN, John Sarkisian, Norman Preskitt, Sarco Industries, Inc., Charlotte Street Builders, Inc., and Sarkisian Brothers, Inc., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 1986.

Attorney(s) appearing for the Case

Leslie Couch, Albany, N.Y. (Sharon Counch DeBonis, Couch and Howard, Albany, N.Y., on brief), for plaintiff-petitioner-appellant.

Alan J. Pope, Binghamton, N.Y. (Thomas M. Christina, Ball & McDonough, Binghamton, N.Y., on brief), for defendants-respondents-appellees.

Before NEWMAN, KEARSE and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

These related but unconsolidated appeals primarily concern the esoteric doctrine of "artful pleading." Specifically, we consider whether the circumstances permit a state court defendant to remove a case to federal court on the theory that a complaint purporting to rely solely on state law in reality contains federal claims artfully pled. In No. 85-7935, Travelers Indemnity Company ("Travelers") appeals from an order of the District Court...

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