· 2/20/1980
D. J. McDuffie Inc. v. Old Reliable Fire Insurance Co.
Citations
- 608 F.2d 145
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- missing allegation of citizenship in notice of removal not fatal but may be cured by amendment
- rejecting the proposition that a “missing allegation [about a party’s citizenship] is a fatal omission which cannot be cured by amendment”
- stating amendment is permissible where “original petition for removal . . . failed to specifically allege the citizenship of the parties at the time the suit was brought and at the time the removal petition was filed.”
- \we hold that the faulty allegations were properly cured in the amended petition for removal filed in the federal district court.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornberry, Gee, Hatchett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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