Legal Opinion

Johnson Service Company v. HS Kaiser Company

District Court, N.D. Illinois

Decided March 26, 1971No. 70 C 2853PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILL, District Judge.

The issue presented by this motion for a writ of certiorari is whether the United States of America can remove the instant litigation to this Court from the Circuit Court of Cook County pursuant to 28 U.S.C. § 1446(b) and/or 28 U.S.C. § 1444 and 26 U.S.C. § 7424. For reasons stated below, we conclude that the United States may so remove this action and grant its motion.

Wacholz Heating Company (Wacholz) was a subcontractor working for H. S. Kaiser Company (Kaiser), a general contractor. On December 30, 1963, Wacholz made an assignment of monies due it…

2Cases cited15 opinions

  1. TEXAS v. FLORIDA Et Al.Supreme Court of the United States · 1939
  2. Flora v. United StatesSupreme Court of the United States · 1958
  3. Helvering v. HammelSupreme Court of the United States · 1941
  4. Leyerly v. United StatesCourt of Appeals for the Tenth Circuit · 1947
  5. Central Montana Stockyards v. FraserMontana Supreme Court · 1957

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3Cited by11 opinions

  1. Western Medical Properties Corp. v. Denver Opportunity, Inc.District Court, D. Colorado · 1980
  2. BANK OF NEW YORK MELLON v. Walnut Place LLCDistrict Court, S.D. New York · 2011
  3. Kentucky ex rel. United Pacific Insurance v. Laurel CountyCourt of Appeals for the Sixth Circuit · 1986
  4. Commonwealth of Kentucky for the Benefit of United Pacific Insurance Company and United Pacific Insurance Company v. Laurel County and Laurel County Fiscal Court, and Third Party Laurel County Board of Education v. United States of America, Third PartyCourt of Appeals for the Third Circuit · 1986
  5. Interior Glass Services, Inc. v. Federal Deposit InsuranceDistrict Court, D. Alaska · 1988

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