Legal Opinion
Hess v. Great Atlantic & Pac. Tea Co., Inc.
District Court, N.D. Illinois
Decided February 20, 1981No. 79 C 5402PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM OPINION
GRADY, District Judge.
This case comes before us on plaintiff’s motion to remand to state court following defendant’s removal. We hold that the removal was improper for failure of all defendants to join in the petition; therefore, the case is remanded to state court.
Briefly, the facts are as follows. Plaintiff Hess filed an action in the Circuit Court of LaSalle County, Illinois, Thirteenth Judicial Circuit, on November 26, 1979, against his employer, the Great Atlantic & Pacific Tea Co. (“A&P”), and his union, the Retail Clerks Union AFL-CIO, Local 254 (“Union”), for breach…
2Cases cited17 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Charles Dowd Box Co. v. CourtneySupreme Court of the United States · 1962
- Testa v. KattSupreme Court of the United States · 1947
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- P. P. Farmers' Elevator Company, a Corporation v. Farmers Elevator Mutual Insurance Co., and New Amsterdam Casualty CompanyCourt of Appeals for the Seventh Circuit · 1968
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3Cited by30 opinions
- John Doe, Father of John Doe and Mother of John Doe v. Robert I. Kerwood, D.O.Court of Appeals for the Fifth Circuit · 1992
- Yount v. ShashekDistrict Court, S.D. Illinois · 2006
- Egan v. Premier Scales & SystemsDistrict Court, W.D. Kentucky · 2002
- Fellhauer v. City of GenevaDistrict Court, N.D. Illinois · 1987
- Spillers v. TillmanDistrict Court, S.D. Mississippi · 1997
25 more not listed; retrieve them via the Exa API.