Legal Opinion
Robert T. Smith v. The City of Jackson, Mississippi
Court of Appeals for the Fifth Circuit
Decided April 20, 1966No. 22805_1PublishedCited by 8 opinions
1Per curiam
These cases which had been removed to the federal district court under 28 U.S.C.A. § 1443 were remanded to the Municipal Court of the City of Jackson for trial. It is generally held that a mere motion to remand or an answer denying material facts is not sufficient to overcome the averments of a removant’s well pleaded petition. Cf. State of Tennessee v. Keenan, 13 F.Supp. 784 (W.D. Tenn. 1936). Unless a full hearing is accorded a well pleaded removal petition is sufficient shouldering of the removant’s burden to overcome a motion for remand.
In the instant case the City of Jackson did more…
2Cases cited7 opinions
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Thomas Rachel v. State of GeorgiaCourt of Appeals for the Fifth Circuit · 1965
- Willie Peacock v. The City of Greenwood, MississippiCourt of Appeals for the Fifth Circuit · 1965
- Rev. B. Elton Cox v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1965
- Forman v. City of MontgomeryDistrict Court, M.D. Alabama · 1965
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- David R. Green v. Amerada Hess Corporation and L.A. StricklinCourt of Appeals for the Fifth Circuit · 1983
- Kerbow v. KerbowDistrict Court, N.D. Texas · 1976
- Williams v. Tri-County Community CenterDistrict Court, S.D. Mississippi · 1971
- Greg Kaslo v. City of Meridian, MississippiCourt of Appeals for the Fifth Circuit · 1966
- Richmond Construction Corp. v. HilbDistrict Court, M.D. Florida · 1980
3 more not listed; retrieve them via the Exa API.