Legal Opinion

Goforth v. Allstate Insurance Company

District Court, W.D. North Carolina

Decided January 22, 1963No. Civ. 2103PublishedCited by 11 opinions

1Opinion of the Court

CRAVEN, Chief Judge.

Defendant corporation (petitioner) failed to set forth its principal place of business in its petition to remove this case from state to federal court. Did the petition, nevertheless, sufficiently comply with the removal statutes so as to confer jurisdiction upon this court? If not, can jurisdiction be now acquired by allowing an amendment to cure the defect ?

Jurisdiction of this court, if it exists at all, rests upon diversity of citizenship and the minimum statutory amount in controversy. Within apt time defendant filed in this court a petition for removal of the cause…

2Cases cited18 opinions

  1. Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
  2. Keene Lumber Co. v. LeventhalCourt of Appeals for the First Circuit · 1948
  3. Bertha Kaufman v. Western Union Telegraph CompanyCourt of Appeals for the Fifth Circuit · 1955
  4. Firemen's Insurance Company of Newark, New Jersey v. Robbins Coal Company, Inc.Court of Appeals for the Fifth Circuit · 1961
  5. Van Sant v. American Express Co.Court of Appeals for the Third Circuit · 1948

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
  2. Carl Nutter v. Rents, Incorporated, a Kentucky CorporationCourt of Appeals for the Fourth Circuit · 1991
  3. Van Horn v. Western Electric Co.District Court, E.D. Michigan · 1977
  4. Young Spring & Wire Corp. v. American Guarantee & Liability InsuranceDistrict Court, W.D. Missouri · 1963
  5. FHC Options, Inc. v. Security Life Insurance Co. of AmericaDistrict Court, E.D. Virginia · 1998

6 more not listed; retrieve them via the Exa API.

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