Legal Opinion
Oshkosh Truck Corp. v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America
District Court, E.D. Wisconsin
Decided April 25, 1975No. 75-C-18PublishedCited by 4 opinions
1Opinion of the Court
DECISION and ORDER
MYRON L. GORDON, District Judge.
This is the plaintiff’s motion to remand pursuant to 28 U.S.C. § 1447(c) (1970). I conclude that such motion should be granted.
This action was removed from the circuit court of Winnebago County on January 13, 1975. Removal was accomplished after a summons had been served but prior to the existence of a complaint; to date, there has been no complaint filed in this case.
Removal was predicated upon an affidavit submitted by plaintiff’s counsel during the state proceedings; such affidavit was submitted for the purpose of obtaining precomplaint…
2Cases cited4 opinions
- Russell E. Peterson v. Brotherhood of Locomotive Firemen and EnginemenCourt of Appeals for the Seventh Circuit · 1959
- Milton A. Jacobs, Inc. v. Manning Manufacturing Corp.District Court, S.D. New York · 1959
- Columbia Pictures Corp. v. Towne Theatre Corp.District Court, E.D. Wisconsin · 1968
- Edmund E. Garrison, Inc. v. International Union of Operating Engineers, Locals Nos. 137, 137A, 137BDistrict Court, S.D. New York · 1968
3Cited by4 opinions
- Christian, Klein, & Cogburn v. National Ass'n of Securities Dealers, Inc.District Court, S.D. New York · 1997
- Bryan v. America West AirlinesDistrict Court, E.D. New York · 2005
- Broadmoor Homes v. Cement Masons, Local 594District Court, N.D. California · 1981
- Silver Motor Freight Terminal, Inc. v. Teamsters Local Union No. 957District Court, S.D. Ohio · 1982