Legal Opinion
Auto Transportes Gacela S.A. De C v. v. Border Freight Distributing & Warehouse, Inc.
District Court, S.D. Texas
Decided June 23, 1992No. Civ. A. L-92-64PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
KAZEN, District Judge.
Pending is Plaintiffs motion to remand this case to state court. This case was not removed by the original Defendants but rather by the Third-party Defendant, Mattel, Inc. The original Defendants, who did not join in the removal notice, have been in the case since 1990. Although there appears to be diversity of citizenship between them and the Plaintiff, they could not have removed because the Donovan Defendants are Texas citizens. 28 U.S.C. § 1441(b).
Mattel contends that removal is justified under the authority of Carl Heck Engineers v. Lafourche…
2Cases cited1 opinion
- United States v. Edwin L. Cabra and Claude "Buddy" LeachCourt of Appeals for the Fifth Circuit · 1980
3Cited by14 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
- Husk v. EI Du Pont De Nemours & Co.District Court, S.D. West Virginia · 1994
- Price v. MesserDistrict Court, S.D. West Virginia · 1995
- Baylor v. District of ColumbiaDistrict Court, District of Columbia · 1993
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