Legal Opinion

Yarbrough v. Blake

District Court, W.D. Arkansas

Decided December 18, 1962No. 1677PublishedCited by 17 opinions

1Opinion of the Court

JOHN E. MILLER, Chief Judge.

The question for determination is whether the court, upon the filing of a petition for removal by the defendant, obtained jurisdiction of the subject matter of the cause of action.

The complaint was filed in the Circuit Court for the Southern District of Logan County, Arkansas, on September 6, 1962. Summons was issued on the same date and served on the Secretary of State on the next day, September 7, 1962. The petition for removal was filed September 25, 1962, within the time required by 28 U.S.C. § 1446(b).

The only jurisdictional allegations contained in the…

2Cases cited66 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Ex Parte LangeSupreme Court of the United States · 1874
  3. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  4. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  5. Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900

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3Cited by17 opinions

  1. William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
  2. In Re La Providencia Development CorporationCourt of Appeals for the First Circuit · 1969
  3. Thompson v. GillenDistrict Court, E.D. Virginia · 1980
  4. Walsh v. American Airlines, Inc.District Court, E.D. Kentucky · 1967
  5. Garza v. Midland National Insurance CompanyDistrict Court, S.D. Florida · 1966

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