Legal Opinion
Elliott v. Consolidated Rail Corp.
District Court, N.D. Indiana
Decided March 5, 1990No. S88-598PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
MILLER, District Judge.
This cause comes before the court on a motion to dismiss for failure to state a claim filed by defendant Consolidated Rail Corporation (“Conrail”) and a motion to remand this action as improvidently removed filed by plaintiff Wilson Elliott. Because the court must be certain that federal jurisdiction is proper before entertaining a motion to dispose of the case on its merits, the remand motion is considered first.
Mr. Elliott filed a complaint against Conrail in Elkhart County Superior Court on September 2, 1988. His alleged cause of action for…
2Cases cited17 opinions
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- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
- Daniel K. Graf v. Elgin, Joliet and Eastern Railway Company, an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1986
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3Cited by1 opinion
- Dobiecki v. PalaciosDistrict Court, N.D. Illinois · 1993