Legal Opinion
Marsh v. Tillie Lewis Foods, Inc.
District Court, D. South Dakota
Decided August 31, 1966No. Civ. No. 66-58WPublishedCited by 2 opinions
1Opinion of the Court
DECISION
BECK, District Judge.
The plaintiff postures his motion to remand on the premise that the amended complaint filed in this court after the filing of the petition to remove and the bond and this court’s order approving both and accepting the petition, but before that removal proceeding had been effected, 28 U.S.C.A. Sec. 1446(e), gives rise to a necessary deduction, that the amendment reducing the amount in controversy below the jurisdictional $10,000 requirement, 28 U.S.C.A. Sec. 1332(a), actually operated as an amending procedure in the state court and since such an amendment there,…
2Cases cited12 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909
- Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
- Hopson v. North American Ins. Co.Idaho Supreme Court · 1951
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ramahi v. Hobart Corp.Court of Appeals of Oregon · 1980
- Wood v. DeWeeseDistrict Court, W.D. Kentucky · 1969