Rodriguez v. Continental Oil Co.

MEMORANDUM AND ORDER

OWEN D. COX, District Judge.

Diversity of citizenship must exist at the time of the filing of the original action, as well as at the time of petitioning for removal. W. Barron & A. Holtzoff, 1 Federal Practice and Procedures, § 103, n. 29.1 (Wright ed., 1960). The original complaint against Continental Oil Company and the “Estate or Heirs at Law of Ernest Edward Enyart, hereinafter called Defendant” was filed on February 11, 1971, and had not been amended at the time the petition for removal was filed. If Continental Oil Company was the only Defendant actually sued, the…