Legal Opinion
John Beecher v. George C. Wallace
Court of Appeals for the Ninth Circuit
Decided August 10, 1967No. 21376_1PublishedCited by 57 opinions
1Opinion of the Court
KOELSCH, Circuit Judge.
The sole question in this case is whether a summons issued in a state court at the time of the commencement of the action has any legal effect when served on one of several defendants after a co-defendant has removed the action to the federal courts. Stated differently, does a state court summons issued but not served prior to removal of the state court action to the federal courts retain any efficacy for further service of process after the removal ? The district court concluded that it does not. We agree.
28 U.S.C. § 1448 provides in part:
“In all cases removed from any…
2Cases cited3 opinions
- George G. Allman v. W. H. HanleyCourt of Appeals for the Fifth Circuit · 1962
- Stauffer v. McLain Trucking, Inc.District Court, N.D. Ohio · 1948
- Velten v. DaughtreyDistrict Court, W.D. Missouri · 1964
3Cited by57 opinions
- Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
- Albert Nealey v. Transportacion Maritima Mexicana, S. A. And Maersk LinesCourt of Appeals for the Ninth Circuit · 1980
- Katherine Amen v. City of Dearborn, a Municipal Corp.Court of Appeals for the Sixth Circuit · 1976
- Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
- Jean L. Richards v. Hal Harper, Max Baucus, and Pat WilliamsCourt of Appeals for the Ninth Circuit · 1988
52 more not listed; retrieve them via the Exa API.