Legal Opinion

Midwestern Distribution, Inc. v. Paris Motor Freight Lines, Inc.

District Court, E.D. Arkansas

Decided April 26, 1983No. LR-C-81-875PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

EISELE, Chief Judge.

Defendants removed this case from the Circuit Court of Faulkner County, Arkansas, on December 18, 1981. In their Petition for Removal, the defendants asserted that the Court had subject matter jurisdiction because diversity of citizenship existed between the parties and the amount in controversy exceeded $10,000.00. The plaintiff now asserts that the removal was improper because the defendants, as citizens of the forum state, are precluded under the plain language of 28 U.S.C. § 1441(b) (1976) from removing the case to federal district court. Because…

2Cases cited40 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  3. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981

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3Cited by5 opinions

  1. Joseph L. Koehnen v. Herald Fire Insurance Company, Defendant/garnishee--Appellee, Rachel Sarah PaulCourt of Appeals for the Eighth Circuit · 1996
  2. Mayers v. ConnellDistrict Court, M.D. Louisiana · 1986
  3. Ross v. Thousand Adventures of Iowa, Inc.District Court, S.D. Iowa · 2001
  4. National Acceptance Co. of California v. LevinDistrict Court, D. Arizona · 1987
  5. Joseph Koehnen v. Rachel PaulCourt of Appeals for the Eighth Circuit · 1996

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