Legal Opinion

Transport Indemnity Co. v. Financial Trust Co.

District Court, C.D. California

Decided March 9, 1972No. 71-2961-IHPublishedCited by 41 opinions

1Opinion of the Court

MEMORANDUM OPINION GRANTING PLAINTIFFS’ MOTION TO REMAND

IRVING HILL, District Judge.

Plaintiffs’ motion to remand the action to the State Court was granted by Order filed January 31, 1972, after a hearing on January 24, 1972. This memorandum states the nature of the case and the Court’s reasons for ordering the remand.

This case presents the Court with what appears to be a question of first impression: In a two-Defendant diversity case, does non-action on the part of the first served Defendant (Defendant One herein) to remove within the thirty-day period provided by statute, bar a timely…

2Cases cited9 opinions

  1. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  2. In Re MooreSupreme Court of the United States · 1908
  3. MacKay v. Uinta Development Co.Supreme Court of the United States · 1913
  4. Maybruck v. HaimDistrict Court, S.D. New York · 1968
  5. Donahue v. Warner Bros. Pictures, Inc.Court of Appeals for the Tenth Circuit · 1952

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3Cited by41 opinions

  1. Jack Fristoe v. Reynolds Metals Co.Court of Appeals for the Ninth Circuit · 1980
  2. Gorman v. Abbott LaboratoriesDistrict Court, D. Rhode Island · 1986
  3. Turner Broadcasting System, Inc. v. Sanyo Electric, Inc.District Court, N.D. Georgia · 1983
  4. Schmidt v. National Organization for WomenDistrict Court, N.D. Florida · 1983
  5. Quick Erectors, Inc. v. Seattle Bronze Corp.District Court, E.D. Missouri · 1981

36 more not listed; retrieve them via the Exa API.

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