Legal Opinion

Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.

District Court, E.D. New York

Decided May 10, 1955No. Civ. A. 15476PublishedCited by 8 opinions

1Opinion of the Court

GALSTON, District Judge.

The motion to remand this action to the State Supreme Court where it originated is based on the ground that all of the defendants are not non-residents of the State of New York.

The removal statute, Sec. 1441 of Title 28 U.S.C.A., in subdivision (b), after reciting that any civil action of which district courts have original jurisdiction founded on a claim arising out of the Constitution, treaties or laws of the United States, shall be removable without regard to citizenship or residence, sets forth:

“Any other such action shall be removable only if none of the parties…

2Cited by8 opinions

  1. American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
  2. Adams v. Beland Realty CorporationDistrict Court, E.D. New York · 1960
  3. Sheet Metal Workers International Ass'n v. SeayCourt of Appeals for the Tenth Circuit · 1982
  4. Sheet Metal Workers International Association, Afl-Cio v. SeayCourt of Appeals for the Tenth Circuit · 1983
  5. Porter v. Silmica Corp.District Court, E.D. Kentucky · 1964

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