Legal Opinion
Jones v. Elliott
District Court, E.D. Virginia
Decided December 19, 1950No. Civ. A. 1211PublishedCited by 22 opinions
1Opinion of the Court
BRYAN, District Judge.
On the pattern of Barney v. Latham, 103 U.S. 205, 26 L.Ed. 514; City of Gainesville v. Brown-Crummer Inv. Co., 277 U.S. 54, 48 S.Ct. 454, 72 L.Ed. 781; and Horne v. Aderhold, D.C. Ga., 1 F.Supp. 690, defendant Elliott’s motion to remand the case as to him is denied. The Court is persuaded that his codefendant, Hahn’s, removal of the action as a Federal officer, under sec. 1442(a) (1), Title 28 United States Code Annotated, brings to this Court the entire case. Charging joint negligence, the complaint will be here tried against the lay as well as the officer defendant.…
2Cases cited4 opinions
- Tennessee v. DavisSupreme Court of the United States · 1880
- Barney v. LathamSupreme Court of the United States · 1881
- City of Gainesville v. Brown-Crummer Investment Co.Supreme Court of the United States · 1928
- Horne v. AderholdDistrict Court, N.D. Georgia · 1932
3Cited by22 opinions
- George G. Allman v. W. H. HanleyCourt of Appeals for the Fifth Circuit · 1962
- Murphy v. KodzCourt of Appeals for the Ninth Circuit · 1965
- Robert L. Bradford v. Emmet E. HardingCourt of Appeals for the Second Circuit · 1960
- De Busk v. HarvinCourt of Appeals for the Fifth Circuit · 1954
- Adams v. Aero Services International, Inc.District Court, E.D. Virginia · 1987
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