Legal Opinion
Luther Weems v. Louis Dreyfus Corporation
Court of Appeals for the Fifth Circuit
Decided June 22, 1967No. 23580_1PublishedCited by 138 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge:
This appeal presents the narrow question whether an action instituted in a state court against a resident defendant and á nonresident defendant, nonremovable to a federal court when commenced due to the lack of diversity of citizenship, thereafter may be removed when the resident 1 defendant is dismissed by means of a directed verdict. The district court granted a petition for removal under these circumstances. We reverse.
The general removal statute 2 authorizes removal by a nonresident defendant in any civil action brought in a state court where the federal district…
2Cases cited17 opinions
- Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Whitcomb v. SmithsonSupreme Court of the United States · 1900
- American Car & Foundry Co. v. KettlehakeSupreme Court of the United States · 1915
- Kansas City Suburban Belt Railway Co. v. HermanSupreme Court of the United States · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)Court of Appeals for the Seventh Circuit · 1992
- In Re 1994 Exxon Chemical FireCourt of Appeals for the Fifth Circuit · 2009
- James Debry, Robert J. Debry and Lynn M. Hilton v. Transamerica CorporationCourt of Appeals for the Tenth Circuit · 1979
- Lindsey Hoyt v. Lane Construction CorporatiCourt of Appeals for the Fifth Circuit · 2019
133 more not listed; retrieve them via the Exa API.