Legal Opinion

Arvin Industries, Inc. v. Hampden Specialty Products Corp.

District Court, E.D. Tennessee

Decided November 25, 1968No. Civ. A. No. 6443Published

1Opinion of the Court

MEMORANDUM AND ORDER

ROBERT L. TAYLOR, Chief Judge.

Before the Court for consideration is plaintiff’s motion to remand the case to the Circuit Court of Scott County.

Plaintiff bases its motion upon two general theories: First, that the Federal Court did not have original jurisdiction of a case that was commenced by attachment and could not thereafter acquire jurisdiction. Second, that the Federal Court should not intervene where the res is in possession of state court officers.

Plaintiff in its brief states in one place that this Court would not have original jurisdiction but in another place…

2Cases cited5 opinions

  1. Lion Bonding & Surety Co. v. KaratzSupreme Court of the United States · 1923
  2. Clark v. WellsSupreme Court of the United States · 1906
  3. Great American Insurance Company v. Louis Lesser Enterprises, Inc.Court of Appeals for the Eighth Circuit · 1965
  4. Tanko v. SapersteinDistrict Court, N.D. Illinois · 1957
  5. Wilcox v. Richmond, Fredericksburg & Potomac RailroadDistrict Court, S.D. New York · 1967

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