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Civil Procedure Keyed to Erichson
Grable & Sons Metal Prods., Inc. v. Darue Engineering & Manufacturing
Citation:545 U.S. 308 (2005)
Grable (Plaintiff) became delinquent on its federal taxes, and was notified by the IRS of this by certified mail. To satisfy the unpaid taxes, the IRS seized a piece of Grable’s real property and sold it to Darue (Defendant) at an auction. Grable filed a quiet title action in state court, alleging that the federal tax statute required personal service of process. Darue removed the case to federal court, which held that it had subject matter jurisdiction over the case and declined to remand the case back to state court.
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