Legal Opinion
Wensil v. EI Dupont De Nemours and Co.
District Court, D. South Carolina
Decided May 29, 1992No. Civ. A. 1:92-0500-19PublishedCited by 20 opinions
1Opinion of the Court
ORDER
SHEDD, District Judge.
The issue before the Court is whether defendants, in a diversity action, can remove the action to federal court before service is effected upon co-defendants who reside in the state where the action was filed. Plaintiffs filed a motion to remand, arguing that removal was improper under 28 U.S.C. § 1442(b). The defendants argue that the residence of unserved co-defendants should not be considered under Section 1442(b).
The Court concludes that Section 1442(b) allows removal of this diversity action, because the defendants removed the action to federal court before the…
2Cases cited8 opinions
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Billie J. Preaseau v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1979
- Albert Pecherski v. General Motors Corp. And Jane DoeCourt of Appeals for the Eighth Circuit · 1981
- Hunter Douglas Inc. v. Sheet Metal Workers International Association, Local 159Court of Appeals for the Fourth Circuit · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McCall v. ScottCourt of Appeals for the Sixth Circuit · 2001
- Ott v. Consolidated Freightways Corp. of DelawareDistrict Court, S.D. Mississippi · 2002
- In re GraffDistrict Court, E.D. Illinois · 2017
- Oxendine v. Merck and Co., Inc.District Court, D. Maryland · 2002
- Mask v. Chrysler Corp.District Court, N.D. Alabama · 1993
15 more not listed; retrieve them via the Exa API.