Ryder Automobile Leasing Co. v. Tates

Hall, Judge.

A civil action of which the United States district courts have original jurisdiction because of diversity of citizenship of the parties “shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” 62 Stat. 937, 28 U.S.C.A. § 1441 (b).

The right of a nonresident defendant under this statute to remove when there is a resident co-defendant who has not been served has not been directly decided. If the plaintiff voluntarily dismisses, discontinues, or in any way abandons the action as to…