Legal Opinion
Judge v. Continental Casualty Co.
District Court, E.D. Tennessee
Decided December 18, 1981No. Civ-4-81-64PublishedCited by 2 opinions
1Opinion of the Court
*374MEMORANDUM OPINION AND STAY
NEESE, District Judge.
This is a removed, 28 U.S.C. § 1441(a), diversity, 28 U.S.C. §§ 1332(a)(1), (c), action. It was removed timely and regularly from a Chancery Court of Tennessee on September 17, 1981 and came to issue on September 19, 1981 with the service by the defendant in this Court of an answer as the last pleading relating to the issues for trial.
The practice in Tennessee applicable in its chancery courts when this action was removed, Rule 1, Tennessee Rules of Civil Procedure, required the parties to make express demands in order to claim their right to…
2Cases cited22 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
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3Cited by2 opinions
- Jabco, Inc. v. Bob Smith ConstructionDistrict Court, E.D. Tennessee · 1982
- Flagstaff Foodservice Corp. v. Consolidated Foods Corp. (In re Flagstaff Foodservice Corp.)District Court, S.D. New York · 1982