FIRST NAT. BANK, ETC. v. Johnson & Johnson

MEMORANDUM AND ORDER

EISELE, Chief Judge.

Pending before this Court is an unusual removal case in which defendant-remover desires a “dismissal” of its removal petition while plaintiffs argue that the case should remain in this Court.

Plaintiffs, both citizens of Arkansas, as guardians of the estate of an incompetent, brought a personal injury action against a New Jersey corporation and against a citizen of Arkansas in Pulaski County Circuit Court. Shortly before the case was submitted to the jury, on June 19, 1978, plaintiffs, on the record, made an oral motion to dismiss the Arkansas resident…