Pesch v. First City Bank of Dallas

MEMORANDUM OPINION

FITZWATER, District Judge.

Plaintiff has moved to remand this case to state court. The court must decide whether two of the defendants, who are Texas citizens, are merely nominal or formal parties, or have been fraudulently joined as defendants, so that their presence will not preclude diversity of citizenship and, in turn, this court’s subject matter jurisdiction.

Plaintiff, an Illinois citizen, owns the common stock of one of the defendants, a Texas corporation. The second Texas defendant, a national bank, is the corporation’s transfer agent. The third defendant, who removed…