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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- AMERICAN NATIONAL RED CROSS v. S. G. et al.
- certiorari to the united states court of appeals for
- the first circuit
- No. 91-594. Argued March 3, 1992-Decided June 19, 1992
-
- In a state-court tort action, respondents alleged that one of them had
- contracted AIDS from a transfusion of contaminated blood supplied
- by petitioner American National Red Cross. The Red Cross removed
- the suit to the Federal District Court, claiming federal jurisdiction
- based on, inter alia, the provision in its federal charter authorizing
- it ``to sue and be sued in courts of law and equity, State or Federal,
- within the jurisdiction of the United States.'' The court rejected
- respondents' motion to remand the case to state court, holding that
- the charter provision conferred original federal jurisdiction. The
- Court of Appeals reversed.
- Held:The charter's ``sue and be sued'' provision confers original federal
- court jurisdiction. Pp.3-16.
- (a)A congressional charter's ``sue and be sued'' provision may be
- read to confer federal court jurisdiction if, but only if, it specifically
- mentions the federal courts. The charter must contain an express
- authorization, such as ``in all state courts . . . and in any circuit court
- of the United States,'' Osborn v. Bank of the United States, 9 Wheat.
- 738, 818, or ```in any court of law or equity, State or Federal,'''
- D'Oench, Duhme & Co. v. Federal Deposit Ins. Corp., 315 U.S. 447,
- 455-456, rather than a mere grant of general corporate capacity to
- sue, such as ```in courts of record, or any other place whatsoever,'''
- Bank of the United States v. Deveaux, 5 Cranch 61, 85-86, or ``in all
- courts of law and equity within the United States,'' Bankers Trust
- Co. v. Texas and Pacific R. Co., 241 U.S. 295, 304-305. The Red
- Cross charter provision has an express authorization and thus should
- be read to confer jurisdiction. Pp.3-9.
- (b)Respondents' several arguments against this conclusion-that
- the well-pleaded complaint rule bars the removal; that language in
- congressional charters enacted closely in time to the 1947 amendment
- of the Red Cross charter incorporating the provision in dispute show
- a coherent drafting pattern that casts doubt on congressional intent
- to confer federal jurisdiction over Red Cross cases; and that the 1947
- amendment was meant not to confer jurisdiction, but to clarify the
- Red Cross' capacity to sue in federal courts where an independent
- jurisdictional basis exists-are all unavailing. Pp.9-15.
- (c)The holding in this case leaves the jurisdiction of the federal
- courts well within Article III's limits. This Court has consistently
- held that Article III's ``arising under'' jurisdiction is broad enough to
- authorize Congress to confer federal court jurisdiction over actions
- involving federally chartered corporations. P.16.
- 938 F.2d 1494, reversed and remanded.
-
- Souter, J., delivered the opinion of the Court, in which White,
- Blackmun, Stevens, and Thomas, JJ., joined. Scalia, J., filed a
- dissenting opinion, in which Rehnquist, C. J., and O'Connor and
- Kennedy, JJ., joined.
-