Rampy v. Southwestern Bell Telephone Co.

MEMORANDUM AND ORDER DIRECTING FURTHER PROCEEDINGS

JOHN W. OLIVER, Senior District Judge.

This case pends on plaintiff’s motion to remand the above case to the Circuit Court of Jackson County, Missouri where it was filed on April 8,1985. Defendant’s petition for removal filed pursuant to 28 U.S.C. § 1441(a) was not filed in this Court until July 2, 1985. Orders directing further proceedings will be entered so that the motion may be properly ruled in accordance with applicable law.

II

Plaintiff’s State court petition for damages expressly alleged that “this cause of action arises out of a contract…