Legal Opinion
Tolson v. Retirement Committee of Briggs & Stratton Retirement Plan
District Court, E.D. Wisconsin
Decided July 22, 1983No. 83-C-13PublishedCited by 12 opinions
1Opinion of the Court
DECISION and ORDER
MYRON L. GORDON, Senior District Judge.
The plaintiff’s application for a disability retirement pension was denied by the defendant Briggs & Stratton retirement committee. The plaintiff brought an action in state court on a theory of common law breach of contract. The defendants removed the case to this court pursuant to 28 U.S.C. § 1441(a). The plaintiffs have now moved to have the action remanded to the state court. The motion will be denied.
The federal removal statute, 28 U.S.C. § 1441, permits a defendant to remove “any civil action brought in a state court of which the…
2Cases cited2 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Gardner v. Clark Oil & Refining CorporationDistrict Court, E.D. Wisconsin · 1974
3Cited by12 opinions
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Gilbert v. Burlington Industries, Inc.Court of Appeals for the Second Circuit · 1985
- Authier v. GinsbergCourt of Appeals for the Sixth Circuit · 1985
- Arthur Taylor v. General Motors Corporation, and Metropolitan Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1985
- Gilbert v. Burlington Industries, Inc.Court of Appeals for the Second Circuit · 1985
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