Legal Opinion
Coleman v. a & D MACHINERY CO.
District Court, E.D. California
Decided March 26, 1969No. Civ. S-1030PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
MacBRIDE, Chief Judge.
This is a motion for remand of this action to the state court under 28 U.S.C. § 1447(c); it had been previously removed to this court under 28 U.S.C. § 1441(c). At issue are the removal rights of third party defendants.
The pertinent facts are as follows. Plaintiff Marvin Coleman sued A & D Machinery for breach of warranty in the sale of a trencher (construction machine). A & D Machinery filed a cross-complaint against plaintiff and his al leged principal for breach of the contract of sale and against Garwood Industries, from whom it had purchased the…
2Cases cited14 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Sequoyah Feed & Supply Co. v. RobinsonDistrict Court, W.D. Arkansas · 1951
- White v. Baltic Conveyor CompanyDistrict Court, D. New Jersey · 1962
- Industrial Lithographic Co. v. MendelsohnDistrict Court, D. New Jersey · 1954
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- First National Bank of Pulaski v. John T. Curry, Defendants/counter and Third-Party Henry, Henry & Speer, P.C., Defendants/third-Party William R. Horne, Third-Party Johnnie M. Curry v. First National Bank of Pulaski, Henry, Henry & Speer, P.C.Court of Appeals for the First Circuit · 2002
- First National Bank v. CurryCourt of Appeals for the Sixth Circuit · 2002
- Central of Georgia Railway Company, Third-Party v. Riegel Textile Corporation, Third-PartyCourt of Appeals for the Third Circuit · 1970
- Ford Motor Credit Co. v. Aaron-Lincoln Mercury, Inc.District Court, N.D. Illinois · 1983
- Luebbe v. Presbyterian Hospital in the City of New York at Columbia-Presbyterian Medical CenterDistrict Court, S.D. New York · 1981
11 more not listed; retrieve them via the Exa API.