Legal Opinion
Riggs v. ISLAND CREEK COAL COMPANY
District Court, S.D. Ohio
Decided October 5, 1974No. Civ. A. 70-227PublishedCited by 2 opinions
1Opinion of the Court
ORDER
WEINMAN, District Judge.
This cause now comes before the Court pursuant to defendant’s suggestion of lack of subject matter jurisdiction, which was filed on March 8, 1974 pursuant to Fed.R.Civ.P. 12(h) (3).
This case was originally removed to this Court from a state court of gen eral jurisdiction. Diversity of citizenship was the ultimate predicate of this Court’s authority. Defendant now, after trial, states that the case was not properly removed. 1 It is pointed out that the removal petition itself states that defendant’s “principal place of business” was in Cleveland, Ohio. This,…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Andrews v. United StatesSupreme Court of the United States · 1963
- Gerard A. Harrison and Harrison Ranch, Inc. v. Carey Prather and William PratherCourt of Appeals for the Fifth Circuit · 1968
- Colorado Interstate Gas Co. v. Federal Power CommissionCourt of Appeals for the Tenth Circuit · 1944
- Gilardi v. Atchison, Topeka and Santa Fe Railway Co.District Court, N.D. Illinois · 1960
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3Cited by2 opinions
- Blair Riggs v. Island Creek Coal CompanyCourt of Appeals for the Sixth Circuit · 1976
- Caperton v. PocahontasDistrict Court, W.D. Virginia · 1976