Legal Opinion
Staples v. O'Day Corp.
District Court, D. New Hampshire
Decided April 17, 1963No. Civ. A. No. 2342PublishedCited by 2 opinions
1Opinion of the Court
CONNOR, District Judge.
This suit was commenced in the Rock-ingham County Superior Court. A Petition and Bond for Removal were filed in this court on October 29, 1962, by defendant Northeastern Distributors, Inc., a Massachusetts Corporation, and the motion to remand was filed on November 7, 1962.
The present Statute governing removal is 28 U.S.C. § 1441, which superseded the previous 28 U.S.C. § 71. The case of American Fire & Casualty Co. v. Finn, 341 U.S. 6, 71 S.Ct. 534, 95 L.Ed. 702 (1951), was the first and last Supreme Court case to deal squarely with § 1441 (c) which reads in its…
2Cases cited10 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Snow v. PowellCourt of Appeals for the Tenth Circuit · 1951
- Harper v. SonnabendDistrict Court, S.D. New York · 1960
- Charles Dowd Box Company, Inc. v. Fireman's Fund Insurance CompanyCourt of Appeals for the First Circuit · 1962
- Knight v. Chrysler CorporationDistrict Court, D. New Jersey · 1955
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3Cited by2 opinions
- Union Planters National Bank of Memphis v. Cbs, Inc., Stax Records, Inc., Alvertis Isbell, A/K/A Al Bell, and James F. StewartCourt of Appeals for the Sixth Circuit · 1977
- McKinney v. Rodney C. Hunt Co.District Court, W.D. North Carolina · 1978