City of Chicago v. Comcast Cable (ND Ill.)
Before EASTERBROOK, MANION, and WOOD, Circuit Judges.Posted by Marcia Oddi at October 1, 2004 06:37 PM
EASTERBROOK, Circuit Judge. * * * All §542(b) does is limit authority that has some other source. If §542(b) makes the City’s claim a federal one, then any statute preempting state law would allow removal, and decisions such as Mottley, Gully, and Franchise Tax Board would be overthrown. The judgment is vacated, and the district court is instructed to remand this litigation to state court.