Kilpatrick v. Arrow Co.

RULING ON MOTION

DAWKINS, Senior District Judge.

At issue is plaintiff’s motion to remand filed on July 26, 1976. Plaintiff asserts (1) that defendant’s petition to remove the suit was filed untimely; and (2) that subject-matter jurisdiction is lacking because complete diversity of citizenship did not exist between plaintiff and one defendant when plaintiff first filed his complaint in State Court.(1) If a defendant wants to remove a suit to Federal Court, he must do so within thirty days of plaintiff’s original complaint or the date the suit first becomes removable. 1 When plaintiff first…