Gravitt v. Southwestern Bell Telephone Co.

This tort action was removed from the Texas state courts to the United States District Court on the grounds of diversity of citizenship but was remanded as having been “improperly removed” when it seemed that there was not complete diversity among the parties. The Court of Appeals for the Fifth Circuit, by mandamus, ordered the District Court to vacate its remand order because the latter had employed erroneous principles in concluding that it was without jurisdiction.

The Court of Appeals erred. Title 28 U. S. C. § 1447 (c) provides for remanding a removed action when the district court…