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A complaint _____ create federal question jurisdiction if it alleges federal issues only in anticipation of some defense.may will will not
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- Larry Lawstudent borrows $500 from Metropolitan Bank, under the North Carolina Stafford Act, which is modeled on, and copies from, the Federal Stafford Act. Under the program, banks make loans to students under individual loan agreements with each student. The statute setting up the program includes a guarantee that, if the student defaults, and the bank cannot collect after diligent efforts, the state will use a grant from the federal government to assure payment of the outstanding balance. Larry defaults on his loan, and Metropolitan sues him for the amount due in North Carolina state court. Larry removes to federal court, asserting that there is federal question jurisdiction. Is there?A.Yes because there is a federal issue in the lawsuit.B.No unless Larry can argue that a federal statute excuses him from paying because of financial hardship.C.No because the bank's complaint is based on state law.D.Yes because the North Carolina Stafford Act is based on federal law.
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