Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.

There is much in the majority opinion with which I agree, but there is more with which I disagree, particularly the ultimate conclusions of the majority regarding removability. I write therefore to register my dissent.

I agree with the majority that the beginning point in determining the propriety of removal of a case from state court to federal court is to look at the “face of the complaint” in state court and apply the “facially apparent” test. Looking at the amended complaint last filed in state court before the notice of removal, I conclude that the complaint was on its face not removable…