City of Flint v. Chesapeake & Ohio Railway Co.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Plaintiff, City of Flint, commenced this action on November 8,1976 in the 7th Judicial Circuit Court, Genesee County, Michigan and on December 8, 1976, defendant Chesapeake & Ohio Railway Company (hereinafter C&O) removed the action to this court pursuant to 28 U.S.C. §§ 1441, 1332 (diversity of citizenship). Recognizing that defendant is a foreign corporation, this Court, on March 3, 1977, denied plaintiff’s motion to remand this case to the state court.

This action involves a zoning ordinance passed by the City of Flint in 1968 which…