Civil Procedure 2022

Resource 4 . 4 . 3 . 4

8 minutes

Skelly Oil Co. v. Phillips Petroleum Co. [OPTIONAL]

I. Glenn Cohen

tl;dr - Declaratory judgment cases cannot be used as a means into federal court. Courts will consider the non-declaratory judgment case one would bring, and whether there is a federal question in that case that would appear in a well-pleaded complaint. If not, the court cannot consider the case.

Supreme Court of the United States

339 U.S. 667, 94 L. Ed. 2d 1194, 70 S. Ct. 876, SCDB 1949-088, 1950 U.S. LEXIS 1813

No. 221

1950-06-05

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