Legal Opinion
Alcorn v. Union Pacific Railroad
District Court, W.D. Missouri
Decided April 27, 1998No. 98-0145-CV-W-BCPublishedCited by 2 opinions
1Opinion of the Court
ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND
LARSEN, United States Magistrate Judge.
Before the court is plaintiffs motion to remand this action to the Circuit Court of Jackson County, Missouri, on the ground that all defendants did not consent to removal as required by 28 U.S.C. § 1447. I- find that removal of an action to federal district court requires the consent of all defendants; and because defendant Edwards did not consent, this case was improperly removed. Therefore, plaintiffs motion will be granted.
I. BACKGROUND
On December 23, 1997, plaintiff filed a complaint in Jackson County…
2Cases cited13 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Desert Empire Bank, Etc. v. Insurance Co. Of North America, Etc.Court of Appeals for the Ninth Circuit · 1980
- Gableman v. Peoria, Decatur & Evansville Railway Co.Supreme Court of the United States · 1900
- 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
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3Cited by2 opinions
- Moubry v. KrebDistrict Court, D. Minnesota · 1999
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