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Must discuss Motley--Layne & Bowler--Kansas City--Merrell Dow line of cases defining what constitutes jurisdiction on the face of the complaint. -- 8^DBD2412gab 21:26, 2005 Apr 9 (UTC)
And don't forget Franchise Tax Board! Ellsworth 23:19, 27 May 2005 (UTC)
There has been considerable dispute over what constitutes a "federal question" in these circumstances, but it is now settled law that the plaintiff cannot seek the jurisdiction of a federal court merely because it anticipates that the defendant is going to raise a defense based on the Constitution, or on a federal statute.
This should be supplemented with a discussion or cite to:
Louisville & Nashvill RR. Co. v. Mottley Supreme Court of the United States, 1908. 211 u.s. 149, 29 S.Ct. 42, 53 L.Ed. 126.