Legal Opinion
Western Smelting & Refining Co. v. Pennsylvania R. Co.
District Court, D. Nebraska
Decided December 3, 1948No. Civ. 95-47, 112-47PublishedCited by 8 opinions
1Opinion of the Court
DONOHOE, Chief Judge.
These two actions originated in the state district court of Douglas County, Nebraska, and were removed to this forum prior to the effective date of the new Judicial Code, which creates a different removal procedure than that heretofore existing, 28 U.S. C.A. § 1446. Except for the fact that the party upon whom summons was served differs in both actions, the two suits are otherwise identical. After No. 95-47 Civil was removed, counsel for plaintiff, apparently dubious as to the validity of the service therein, caused a new petition to be filed in the state court, and…
2Cases cited20 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Milliken v. MeyerSupreme Court of the United States · 1941
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
- St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Perkins v. Louisville & N. R. Co.District Court, S.D. California · 1951
- Landell v. Northern Pac. Ry. Co.District Court, District of Columbia · 1951
- Samson v. General Cas. & Ins.District Court, N.D. Iowa · 1952
- Terry Carpenter, Limited v. Ideal Cement Co.District Court, D. Nebraska · 1954
- Kirkland v. Atchison, Topeka & Santa Fe Railway Co.Court of Appeals of Georgia · 1961
3 more not listed; retrieve them via the Exa API.