Legal Opinion

Killian v. Union L.P. Gas System, Inc.

District Court, W.D. Missouri

Decided August 5, 1983No. Civ. A. 83-3445-CV-S-2PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM IN SUPPORT OF ORDER GRANTING MOTION TO REMAND

COLLINSON, Senior District Judge.

The above-styled action is a crossclaim in a pending state court action which the crossclaim defendant sought to remove pursuant to the provisions of 28 U.S.C. § 1441(c).

The relevant portion of this statute states as follows:

Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, is joined with one or more otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its…

2Cases cited5 opinions

  1. Folts v. City of RichmondDistrict Court, E.D. Virginia · 1979
  2. Friddle v. Hardee's Food Systems, Inc.District Court, W.D. Arkansas · 1981
  3. Port of New York Authority v. Eastern Air Lines, Inc.District Court, E.D. New York · 1966
  4. Morschauser v. American News Co.District Court, S.D. New York · 1958
  5. Smith v. General Motors Acceptance Corp.District Court, W.D. Missouri · 1970

3Cited by6 opinions

  1. Lamar v. Home DepotDistrict Court, S.D. Alabama · 2012
  2. Crawford Ex Rel. Crawford v. Hospital of the Albert Einstein College of MedicineDistrict Court, S.D. New York · 1986
  3. Palmer v. University of Medicine and DentistryDistrict Court, D. New Jersey · 2009
  4. Alabama Department of Environmental Management v. Southern Clay & EnergyDistrict Court, N.D. Alabama · 1990
  5. Sterling Homes, Inc. v. SwopeDistrict Court, M.D. Pennsylvania · 1993

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