· 5/13/1970
Central of Georgia Railway Company, Third-Party v. Riegel Textile Corporation, Third-Party
Citations
- 426 F.2d 935
- 8 A.L.R. Fed. 701
- 1970 U.S. App. LEXIS 9248
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that third-party defendants are defendants within the terms of 28 U.S.C. § 1441
- holding that third-party defendants are defendants within the terms of 28 U.S.C. § 1441
- holding that a third-party defendant may remove a case to federal court pursuant to 28 U.S.C. § 1441(a) when the state court has severed the third-party demand from the principal demand
- finding removal proper after a state court severed a third-party complaint
- ‘Where removal would not have the effect of defeating plaintiffs choice of forum, the federal courts should recognize that a party in Riegel’s position is as much a ‘defendant’ as if an original action had been brought against him.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Godbold, Brown, Ainsworth, God-Bold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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