Legal Opinion
John T. Witherow v. The Firestone Tire & Rubber Company, a Corporation
Court of Appeals for the Third Circuit
Decided January 26, 1976No. 75--1514PublishedCited by 86 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The issue in this diversity case is whether defective service of process which resulted in failure to obtain jurisdiction over defendant in the state court within the period of the statute of limitations may be cured on removal to federal court by the application of F.R. Civ.P. 4(h) 1 or 28 U.S.C. § 1448. 2 The district court ruled in favor of the plaintiff and certified the question for appeal pursuant to 28 U.S.C. § 1292(b). We vacate the order appealed from and remand to the district court with instructions to dismiss both the original and the…
2Cases cited26 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
21 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
- Wells Fargo & Co. v. Wells Fargo Express Co.Court of Appeals for the Ninth Circuit · 1977
- Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979
- Luverne L. Anderson and Josephine Rodriguez v. Allstate Insurance Company, a California Corporation, DefendantsCourt of Appeals for the Ninth Circuit · 1980
- Ciccarelli v. Carey Canadian Mines, Ltd.Court of Appeals for the Third Circuit · 1985
81 more not listed; retrieve them via the Exa API.