Legal Opinion

Porter v. Silmica Corp.

District Court, E.D. Kentucky

Decided January 29, 1964No. 1535PublishedCited by 2 opinions

1Opinion of the Court

HIRAM CHURCH FORD, Senior District Judge.

This case is submitted for judgment upon the plaintiff’s motion to remand the case to the Circuit Court of Boyle County, Kentucky, from which it was removed, upon the ground that the petition for removal was not timely filed.

The initial action setting forth the claim for relief was filed in the Boyle *930Circuit Court on April 4, 1963. On May-10, 1963, the plaintiff filed an amended complaint, which merely added to its original complaint a claim for additional damages, but added nothing whatever to render the amendment a pleading “from which it may first…

2Cases cited14 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
  3. Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
  4. Roseberry v. FredellDistrict Court, E.D. Kentucky · 1959
  5. Hamilton v. Hayes Freight Lines, Inc.District Court, E.D. Kentucky · 1952

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3Cited by2 opinions

  1. Walsh v. American Airlines, Inc.District Court, E.D. Kentucky · 1967
  2. Horak v. Color Metal of Zurich, SwitzerlandDistrict Court, D. New Jersey · 1968

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