Darnell v. Starks

OPINION AND ORDER

KILKENNY, District Judge:

Defendant Starks seeks a remand to the state court on the ground there is no diversity of citizenship on the cause stated against him, as required by the Diversity Statute.1

Plaintiff was riding in a vehicle which left the highway as a result of a collision between vehicles driven by defendants Starks and Gilliam. Gilliam was operating a Government vehicle within the scope and course of his employment. Originally, the action was filed in the Clackamas County Circuit Court. It was removed to this Court on the petition of the United States. The issue…