Fessler v. Hannagan

BYER, Judge.

This appeal raises the novel question of whether, after a civil action commenced in a state court has been removed to and dismissed by a United States District Court, the plaintiffs may file an amended complaint in the original proceedings in the state court. We hold that removal to federal court deprives the state court of subject matter jurisdiction to consider the amended complaint even though the district court dismissed the action.

In 1973, the Wilkes-Barre Redevelopment Authority condemned plaintiffs’ properties. Since then, plaintiffs have filed numerous lawsuits in state…