Kinsolving v. McGee

MEMORANDUM

SWINFORD, District Judge.

The record of this case is before the court on the plaintiff’s motion to amend this court’s order of October 5, 1972, and to remand the action to the Shelby Circuit Court of Shelby County, Kentucky. The parties having been placed on terms to do so have filed briefs and the motion is now before the court for decision.

In the memorandum accompanying the order of October 5, 1972, the court wrote that it did not have jurisdiction upon removal, because it appeared that the state court in which the action was commenced was without subject matter jurisdiction. The…