Legal Opinion

Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North America

Court of Appeals for the Fifth Circuit

Decided April 13, 1988No. 87-2074PublishedCited by 671 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Plaintiff-appellant “Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc.” (Getty), brought this action against defendants-appellees Insurance Company of North America (INA), Companies Collective, and NL Industries, Inc. (NL) in a Texas court. INA, joined by Companies Collective and subsequently by NL, filed a petition for removal pursuant to 28 U.S.C. §§ 1441(b) and 1446(a), and the case was removed to the United States District Court for the Southern District of Texas. Alleging defects in the removal petition and the lack of federal jurisdiction, Getty…

2Cases cited25 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Pullman Co. v. JenkinsSupreme Court of the United States · 1939
  3. B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
  4. United States v. AugenblickSupreme Court of the United States · 1969
  5. Norton Ex Rel. Chiles v. MathewsSupreme Court of the United States · 1976

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3Cited by671 opinions

  1. Howery v. Allstate Ins CompanyCourt of Appeals for the Fifth Circuit · 2001
  2. MidCap Media Finance, L.L.C. v. Pathway Data, IncoCourt of Appeals for the Fifth Circuit · 2019
  3. McDonal Ex Rel. McDonal v. Abbott LaboratoriesCourt of Appeals for the Fifth Circuit · 2005
  4. Getty Oil Co. v. Insurance Co. of North AmericaTexas Supreme Court · 1993
  5. Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible Packaging, Inc. David EllisonCourt of Appeals for the Sixth Circuit · 1999

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