Legal Opinion

Kizer v. Sherwood

District Court, M.D. Pennsylvania

Decided March 6, 1970No. Civ. 69-375PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM

NEALON, District Judge.

Before the Court are two motions, the first by plaintiff, Norman C. Kizer, to remand this lawsuit to the Court of Common Pleas of Lackawanna County, Pennsylvania, from which it was removed by the United States on September 22, 1969, pursuant to The Federal Drivers Act, 28 U.S.C. § 2679(b)-(e), and the second by the United States to substitute itself as defendant in place of Wilson R. Sherwood. The contention advanced by Kizer in support of his motion is that the removal petition of the United States is untimely since it was filed after the Government’s right…

2Cases cited6 opinions

  1. R. Michael Butner v. Ingrid NeustadterCourt of Appeals for the Ninth Circuit · 1963
  2. Harter v. KernochanSupreme Court of the United States · 1881
  3. Harold Munsey, Administrator for the Estate of Bert Munsey, Deceased v. Testworth Laboratories, Inc.Court of Appeals for the Sixth Circuit · 1955
  4. Hoch v. CarterDistrict Court, S.D. New York · 1965
  5. Reynaud v. United StatesDistrict Court, W.D. Missouri · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Manas Y Pineiro v. Chase Manhattan Bank, N. A.District Court, S.D. New York · 1978
  2. Sawyer v. USAA InsuranceDistrict Court, D. New Mexico · 2012
  3. Shirley McLaurin Individually and on Behalf of the Heirs of Milton Stubbs, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 2004
  4. Colonial Bank & Trust Co. v. CahillDistrict Court, N.D. Illinois · 1976
  5. Barrett v. Southern Railway Co.District Court, D. South Carolina · 1975

17 more not listed; retrieve them via the Exa API.

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