Fiblenski v. Hirschback Motor Lines, Inc.

Memorandum Opinion

HENLEY, Chief Judge.

This diversity case presents an interesting question of federal removal jurisdiction which the Court has raised on its own motion. At the invitation of the Court counsel for the principal parties submitted informal memorandum briefs.

On June 13, 1968, a collision occurred in Mississippi County, Arkansas, between a tractor trailer belonging to plaintiff and a similar vehicle belonging to the defendant, Hirschback Motor Lines, Inc. Apparently, the accident happened when defendant’s vehicle was in the process of passing plaintiff’s vehicle, and a blowout of…