Legal Opinion
Davis v. Mutual of Omaha Insurance
District Court, W.D. Missouri
Decided September 25, 1968No. 16782-1PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER REMANDING CASE TO STATE COURT
JOHN W. OLIVER, District Judge.
Consistent with the established practice of this district, see Barnes v. Parker, W.D.Mo.1954, 126 F.Supp. 649, and the command of Section 1447(c) of Title 28, U.S.C., this Court must, on its own motion, make appropriate jurisdictional inquiry even though no motion to remand is filed. Failure to do so might result in the trial of a case over which the district court lacked jurisdiction, a fact that would not go unnoticed in the Court of Appeals. See Ringsby Truck Lines, Inc. v. Beardsley, (8th Cir. 1964), 331 F.2d…
2Cases cited14 opinions
- Mutual Life Ins. Co. of New York v. MoyleCourt of Appeals for the Fourth Circuit · 1940
- Commercial Casualty Ins. Co. v. FowlesCourt of Appeals for the Ninth Circuit · 1946
- Goldstone v. PayneCourt of Appeals for the Second Circuit · 1938
- Ringsby Truck Lines, Inc. v. Laurence J. BeardsleyCourt of Appeals for the Eighth Circuit · 1964
- Joseph H. Beaman v. Pacific Mutual Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1966
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3Cited by4 opinions
- Central Associated Carriers, Inc. v. NickelberryDistrict Court, W.D. Missouri · 1998
- Cannon v. United Insurance Company of AmericaDistrict Court, D. South Carolina · 1973
- Al-Cast Mold & Pattern, Inc. v. Perception, Inc.District Court, D. Minnesota · 1999
- Sherwood v. Fire It Up Productions LLCDistrict Court, E.D. Arkansas · 2019