Legal Opinion
Hamby v. Zayre Corp.
District Court, N.D. Alabama
Decided August 4, 1982No. CV 82-P-1276-SPublishedCited by 8 opinions
1Opinion of the Court
Memorandum of Opinion
POINTER, Chief Judge.
The central question before the court in this case is a recurring and vexing one: When is a case with fictitious defendants removable under 28 U.S.C. § 1446 on the basis of diversity jurisdiction? Hopefully, this opinion, which has been reviewed by all of the judges of this court to whom civil cases are regularly assigned, will provide guidance to the trial bar in navigating through these troubled waters.
This case was commenced in the Circuit Court of Jefferson County, Alabama on May 3, 1982, by Charles Hamby, a minor suing by his next friend and…
2Cases cited6 opinions
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Billie J. Preaseau v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1979
- Goldberg v. CPC International, Inc.District Court, N.D. California · 1980
- Fowlkes v. Liberty Mut. Ins. Co.Supreme Court of Alabama · 1980
- Baggett v. Alto Corp.District Court, N.D. Alabama · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Coker v. Amoco Oil Co.Court of Appeals for the Eleventh Circuit · 1983
- Ronald Basil Hart, Jr. v. Yamaha-Parts Distributors, Inc., Yamaha International Corporation, Yamaha Motor CorporationCourt of Appeals for the Eleventh Circuit · 1986
- Corinthia Louise Wilson v. General Motors CorporationCourt of Appeals for the Eleventh Circuit · 1989
- Greer v. SkilcraftDistrict Court, N.D. Alabama · 1989
- Smith v. MBL Life Assurance Corp.District Court, N.D. Alabama · 1989
3 more not listed; retrieve them via the Exa API.