Legal Opinion

Ferguson v. Keokuk Area Hospital

District Court, S.D. Iowa

Decided December 24, 1997No. 3-97-90159Published

1Opinion of the Court

MEMORANDUM OPINION AND RULING ON MOTION TO REMAND

PRATT, District Judge.

This case involves the American Red Cross’s right to remove to federal court. The court holds that the Red Cross must obtain the consent of all co-defendants in this ease for removal to be proper under the federal removal statutes. Therefore, the court grants the defendant Hospital’s motion to remand to state court.

I. Background:

Plaintiffs filed suit in the Iowa District Court for Lee County against the Red Cross and the Keokuk Area Hospital (Hospital) on July 29, 1997. The Hospital was served on July 30,1997, and the Red…

2Cases cited6 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
  2. American National Red Cross v. S. G.Supreme Court of the United States · 1992
  3. John Doe, Father of John Doe and Mother of John Doe v. Robert I. Kerwood, D.O.Court of Appeals for the Fifth Circuit · 1992
  4. In Re Franklin National Bank Securities LitigationCourt of Appeals for the Second Circuit · 1976
  5. Wright v. Missouri Pac. R. Co.Court of Appeals for the Eighth Circuit · 1938

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