Legal Opinion
City of Clarksdale Ex Rel. Clarksdale Public Utilities Commission v. Bellsouth Telecommunications, Inc.
Court of Appeals for the Fifth Circuit
Decided October 5, 2005No. 04-61057PublishedCited by 50 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The City of Clarksdale, acting by and through the Clarksdale Public Utilities Commission, appeals the denial of a motion to remand to state court for failure by defendant BellSouth Telecommunications, Inc. (“BellSouth”), to file its notice of removal timely. After denying the city’s motion for reconsideration, the district court certified the issue of timeliness of removal for interlocutory appeal.
The timeliness of removal turns on when, if at all, service was effected on BellSouth. 1 We conclude that service of process was not effected when the city’s process…
2Cases cited16 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- City of New Orleans v. Municipal Administrative Services, Inc.Court of Appeals for the Fifth Circuit · 2004
- PYCA Industries, Inc. v. Harrison County Waste Water Management DistrictCourt of Appeals for the Fifth Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Thompson v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2014
- Shahram Shakouri v. Glen WhitfieldCourt of Appeals for the Fifth Circuit · 2019
- Board of Regents of the University of Texas System ex rel. University of Texas v. Nippon Telephone & Telegraph Corp.Court of Appeals for the Fifth Circuit · 2007
- Umc Development, LLC v. District of ColumbiaDistrict Court, District of Columbia · 2013
- Coffman v. Dole Fresh Fruit Co.District Court, E.D. Texas · 2013
45 more not listed; retrieve them via the Exa API.