Legal Opinion

Kraut v. Worthington Pump & Machinery Corp.

District Court, S.D. New York

Decided March 5, 1932PublishedCited by 6 opinions

1Opinion of the Court

GODDARD, District Judge.

A case which, by virtue of the diverse citizenship of the parties, falls within the general jurisdiction of the District Courts, as conferred by the Judicial Code § 24 (28 USCA § 41), is within the general jurisdiction of a District Court sitting in a state in which neither party is a citizen, and whenever such suit is removed from a state court under Judicial Code § 28 (28 USCA, § 71. See, also, section 72, 28 USCA [section 29, Judicial Code]) the removal must be to the District Court in the district where the suit is pending, and such right of removal may be…

2Cases cited15 opinions

  1. Ex Parte WisnerSupreme Court of the United States · 1906
  2. Cameron v. HodgesSupreme Court of the United States · 1888
  3. Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
  4. Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
  5. Bailey v. Texas Co.Court of Appeals for the Second Circuit · 1931

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3Cited by6 opinions

  1. Walsh v. American Airlines, Inc.District Court, E.D. Kentucky · 1967
  2. Stamm v. American Telephone & Telegraph CompanyDistrict Court, W.D. Missouri · 1955
  3. Washington-East Washington Joint Authority v. Roberts & Schaefer Co.District Court, W.D. Pennsylvania · 1960
  4. Harrelson v. Missouri Pacific Transp. Co.Court of Appeals for the Eighth Circuit · 1936
  5. Weber v. Wittmer Co.District Court, W.D. New York · 1935

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