Legal Opinion
Alfalfa Cubes, Inc. v. Dutton
District Court, D. Kansas
Decided October 8, 1985No. 85 1509PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CROW, District Judge.
Plaintiffs contend this action now before the court was removed by defendant Union Insurance Company (Union) improvidently and without jurisdiction, and seek remand to state court pursuant to 28 U.S.C. § 1447(c). The court has determined that oral argument is unnecessary for resolution of this matter. See Local Rule 15(d).
Union petitioned for removal on the basis that plaintiff’s claim against it is a “separate and independent claim or cause of action” under 28 U.S.C. § 1441(c). This section provides:
Whenever a separate and independent claim or cause…
2Cases cited18 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Roy E. Fajen v. Foundation Reserve Insurance Company, Inc.Court of Appeals for the Tenth Circuit · 1982
- R. G. Barry Corporation v. Mushroom Makers, IncorporatedCourt of Appeals for the Second Circuit · 1979
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Elkhart Cooperative Equity Exchange v. DayDistrict Court, D. Kansas · 1989
- Village Improvement Ass'n of Doylestown v. Dow Chemical Co.District Court, E.D. Pennsylvania · 1987
- Fleet Bank-NH v. EngeleiterDistrict Court, D. New Hampshire · 1991
- Stark-Romero v. National Railroad Passenger Co.District Court, D. New Mexico · 2011
- Kansas Baptist Convention v. Mesa Operating Ltd. PartnershipDistrict Court, D. Kansas · 1989
6 more not listed; retrieve them via the Exa API.