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· 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 CourtListener

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.