WAL-JUICE BAR, INC. v. ELLIOTT

No. 88-6384.

899 F.2d 1502 (1990)

WAL-JUICE BAR, INC., doing business as The Cat West; Elizabeth Ann Martin; Shelia Jean Crane; Lynn V. Maher, Plaintiffs-Appellees, v. Claude E. "Buddy" ELLIOTT; City of Oak Grove, Kentucky, Defendants-Appellants, Frank M. Gary; J. Michael Foster; Christian County, Kentucky; Commonwealth of Kentucky; Edward A. Farris; Michael Davidson; John W. Grimmons; S.W. Riley, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided April 5, 1990.

Rehearing Denied May 21, 1990.


Attorney(s) appearing for the Case

William G. Deatherage, Jr., Timothy J. Kaltenbach (argued), Deatherage & Kaltenbach, Hopkinsville, Ky., for plaintiffs-appellees.

John J. Chewning (argued), Chewning, Underwood & Cotthoff, Hopkinsville, Ky., for defendants-appellants and defendants.

Before JONES and NORRIS, Circuit Judges; and ENGEL, Senior Circuit Judge.


ENGEL, Senior Circuit Judge.

The interesting and, we hold, controlling issue in this appeal is the extent to which "substantiality" of the federal issue presented permits a federal court to bypass that issue and to proceed to a resolution on the merits of the controversy solely on the basis of state law. We hold that a determination that the federal issue presented is substantial is a jurisdictional requirement which must be met before the district court can address...

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