Legal Opinion

Wenger v. Western Reserve Life Assur. Co. of Ohio

District Court, M.D. Tennessee

Decided July 13, 1983No. Civ. A. 3-83-0504PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER OF REMAND

NEESE, Senior District Judge,

sitting by designation and assignment.

The defendant filed with the clerk of this Court a petition seeking to remove this action to this Court from the state court in which it was commenced. 28 U.S.C. § 1446(a). This Court must consider sua sponte whether its removal jurisdiction was properly invoked, see Stokes v. Merrill Lynch, Pierce, Feener & Smith, 523 F.2d 433, 437 (6th Cir.1975); for, without a finding that such jurisdiction exists, this Court has no power to proceed, Memphis Am. Fed. of Tchrs., L. 2032 v. Bd. of Ed.,…

2Cases cited25 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
  3. City of Milwaukee v. IllinoisSupreme Court of the United States · 1981
  4. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  5. Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971

20 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. University of Tennessee v. United States Fidelity & Guaranty Co.District Court, E.D. Tennessee · 1987
  2. Kacludis v. GTE Sprint Communications Corp.District Court, N.D. California · 1992
  3. Barnhill v. Insurance Company of North AmericaDistrict Court, D. South Carolina · 1990
  4. Nasco, Inc. v. NorsworthyDistrict Court, M.D. Tennessee · 1992
  5. Wuerl v. International Life Science ChurchDistrict Court, W.D. Pennsylvania · 1991

4 more not listed; retrieve them via the Exa API.

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