Legal Opinion

Williams v. Atlantic Coast Line Railroad

District Court, S.D. Georgia

Decided September 30, 1968No. Civ. A. No. 604PublishedCited by 5 opinions

1Opinion of the Court

ORDER ON MOTION TO REMAND

LAWRENCE, Judge.

Atlantic Coast Line Railroad (now Seaboard Coast Line) removed this action from the Superior Court of Brantley County on the ground of diversity of citizenship, asserting that W. E. Mullís, the resident defendant, was fraudulently joined for the purpose of defeating Federal jurisdiction.

*816A motion to remand was filed by plaintiff who contended that Mullis is not a “sham” party. Plaintiff’s counsel argue that the fraudulent joinder must appear on the face of the pleadings at the time of removal. I disagree.

Where a claim of fraudulent joinder is asserted…

2Cases cited13 opinions

  1. Smoot v. Chicago, Rock Island And Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1967
  2. Carl Dodd v. Fawcett Publications, Inc., a Corporation, and Mid-Continent News Company, a CorporationCourt of Appeals for the Tenth Circuit · 1964
  3. Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. Polito v. MolaskyCourt of Appeals for the Eighth Circuit · 1941
  5. Piedmont Interstate Fair Ass'n v. BeanCourt of Appeals for the Fourth Circuit · 1954

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

3Cited by5 opinions

  1. Lewis v. Time Inc.District Court, E.D. California · 1979
  2. Quick Erectors, Inc. v. Seattle Bronze Corp.District Court, E.D. Missouri · 1981
  3. McCurtain County Production Corp. v. CowettDistrict Court, E.D. Oklahoma · 1978
  4. El Chico Restaurants, Inc. v. Aetna Casualty & Surety Co.District Court, S.D. Georgia · 1997
  5. Waldrup v. Hartford Life InsuranceDistrict Court, N.D. Alabama · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API