Ninth Circuit· 6/17/1969

Clarence E. Morris, Inc. v. Vitek

Citations

412 F.2d 1174

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the existence of diversity in the context of removal “is 16 determined from the fact of citizenship of the parties named and not from the fact of 17 service”
holding that a court must consider the citizenship of an unserved defendant
holding that “[a] 2 nonresident defendant cannot remove a ‘nonseparable’ action if the citizenship of any 3 codefendant, joined by the plaintiff in good faith, destroys complete diversity, regardless of 4 service or nonservice upon the codefendant”
explaining that diversity of citizenship is determined solely based on citizenship of the parties named in the complaint “regardless of service or nonservice 23 upon the codefendant”
rejecting the notion “that 28 U.S.C. § 1441(b), by implication, expanded removal jurisdiction to permit removal, despite want of diversity, if a resident defendant whose presence would defeat diversity had not been served.”
describing ruling in Pullman Co. v. Jenkins, 305 U.S. 534 (1939)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hufstedler

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

Other cases named Clarence E. Morris, Inc. v. Vitek

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.