Legal Opinion
Smith v. Dealers Transit, Inc.
District Court, E.D. Tennessee
Decided February 4, 1965No. Civ. A. Nos. 1818, 1819PublishedCited by 14 opinions
1Opinion of the Court
NEESE, District Judge.
These actions were removed to this court from a state court as diversity actions. At the pretrial conference, as it is required to do, McNutt v. General Motors Acceptance Corp. (1936), 298 U. S. 178, 56 S.Ct. 780, 80 L.Ed. 1135, 1141 (headnote 3), this Court began considering whether the jurisdiction of the state court was ever divested.
Removal statutes must be strictly construed. “ * * * The power reserved to the states under the Constitution to provide for the determination of controversies in their courts, may be restricted only by the action of Congress in conformity…
2Cases cited12 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Realty Holding Co. v. DonaldsonSupreme Court of the United States · 1925
- Bradford v. Mitchell Brothers Truck LinesDistrict Court, N.D. California · 1963
- F & L DRUG CORP. v. American Central Insurance Co.District Court, D. Connecticut · 1961
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Walsh v. American Airlines, Inc.District Court, E.D. Kentucky · 1967
- Fort v. Ralston Purina Co.District Court, E.D. Tennessee · 1978
- Carter v. Montgomery Ward & Co.District Court, E.D. Tennessee · 1976
- Adler v. AdlerDistrict Court, S.D. New York · 1994
- Wenger v. Western Reserve Life Assur. Co. of OhioDistrict Court, M.D. Tennessee · 1983
9 more not listed; retrieve them via the Exa API.