Thompson v. Gillen

MEMORANDUM

I

WARRINER, District Judge.

This action was initially filed in the Circuit Court of Lancaster County, Virginia, as a partition suit. Defendant, on 22 February 1980, filed a timely petition for removal and, in this Court, has filed a counterclaim that is the subject of a motion to dismiss. Although no motion for remand has been filed by plaintiff, courts of limited jurisdiction, such as this Courts have the duty, sua sponte, to determine in each case their jurisdiction to proceed. United States v. Beasley, 558 F.2d 1200, 1201 (5th Cir. 1977); Hill v. United Fruit Co., 149 F.Supp. 470…