T. C. Morrow Drilling Co. v. Javelin Oil Co.

W.D. Louisiana

T. C. Morrow Drilling Co. v. Javelin Oil Co.

266 F. Supp. 119, 1967 U.S. Dist. LEXIS 8371

CourtDistrict Court, W.D. Louisiana

DecidedMarch 14, 1967

DocketCiv. A. No. 12488

StatusPublished

Cited by1 cases

This text of 266 F. Supp. 119 (T. C. Morrow Drilling Co. v. Javelin Oil Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

T. C. Morrow Drilling Co. v. Javelin Oil Co., 266 F. Supp. 119, 1967 U.S. Dist. LEXIS 8371 (W.D. La. 1967).

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Opinion

OPINION ON MOTION TO REMAND

BEN C. DAWKINS, Jr., Chief Judge.

Defendant timely removed this case from State district court. Plaintiff filed a motion to remand alleging that defendant improperly removed because defendant is a citizen of Louisiana.

In its petition for removal, defendant clearly admits that it is a citizen of Louisiana and that its principal place of business is in Louisiana. Under 28 U.S.C. § 1441(b), a defendant who is a citizen of the state where the action is brought cannot remove the action. Thus the removal was patently improper, and the motion to remand must be granted. An order of remand has been signed and placed in the record.

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OPINION ON MOTION TO REMAND

BEN C. DAWKINS, Jr., Chief Judge.

Defendant timely removed this case from State district court. Plaintiff filed a motion to remand alleging that defendant improperly removed because defendant is a citizen of Louisiana.

In its petition for removal, defendant clearly admits that it is a citizen of Louisiana and that its principal place of business is in Louisiana. Under 28 U.S.C. § 1441(b), a defendant who is a citizen of the state where the action is brought cannot remove the action. Thus the removal was patently improper, and the motion to remand must be granted. An order of remand has been signed and placed in the record.

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Bluebook (online)

266 F. Supp. 119, 1967 U.S. Dist. LEXIS 8371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/t-c-morrow-drilling-co-v-javelin-oil-co-lawd-1967.

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