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" Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, is joined with one or more otherwise non-removable claims or causes of action, the entire case may be removed and the district court may determine... "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Stran 20
avtor: United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1951
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United States Reports: Cases Adjudged in the Supreme Court at ..., Količina 423

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1977 - 970 strani
...properly joined and served as defendants is a citizen of the State in which such action is brought. "(c) Whenever a separate and independent claim or cause...matters not otherwise within its original jurisdiction." J Title 28 USC § 1446 provides: "(a) A defendant or defendants desiring to remove any civil action...
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United States Code, Količine 6–7

United States - 1971 - 1104 strani
...properly joined and served as defendants is a citizen of the State in which such action is brought. (c) Whenever a separate and independent claim or cause...matters not otherwise within its original jurisdiction. (June 25, 1948, ch. 646, 62 Stat. 937.) LEGISLATIVE HISTORY Reviser's Note.— Based on title 28. Ü....
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Committee Prints

United States. Congress. Senate. Committee on the Judiciary - 1947 - 806 strani
...properly joined and served as defendants is a citizen of the State in which such action is brought. (c) Whenever a separate and independent claim or cause...matters not otherwise within its original jurisdiction. Before entering into a discussion of this proposal affecting the "citizenship" of a corporation, it...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Količina 341

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1951 - 940 strani
...court of the United States for the proper district." The new section, 28 USC § 1441 (c), states: "(c) Whenever a separate and independent claim or cause...matters not otherwise within its original jurisdiction." One purpose of Congress in adopting the "separate and independent claim or cause of action" test for...
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Priority of Federal Tax Liens and Levies: Hearings, Eighty-ninth Congress ...

United States. Congress. House. Committee on Ways and Means - 1966 - 258 strani
...the district court of the United States for the district and division in which the action is pending. The district court may determine all issues therein or, in its discretion, where the ease permits, may make final disposition of all matters placed in issue by the United States...
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Diversity Jurisdiction, Multi-party Litigation, Choice of Law in the Federal ...

United States. Congress. Senate. Judiciary - 1972 - 662 strani
...remand all matters not otherwise within its jurisdiction, whenever a separate and independent claim which would be removable if sued upon alone is joined with one or more otherwise non-removable claims.67 In addition, a post Civil War enactment which authorized removal by an out-of-state litigant...
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Diversity of Citizenship Jurisdiction/magistrates Reform--1979: Hearings ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1979 - 434 strani
...for litigation under the troublesome section 1441 (c) of the Judicial Code, which provides: AVhenever a separate and independent claim or cause of action,...matters not otherwise within its original jurisdiction." This statute aims at preventing the defeat of removal otherwise available under the general removal...
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Diversity of citizenship jurisdiction/magistrates reform, 1979: hearings ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1979 - 420 strani
...ground for litigation under the troublesome section 1441 (c) of the Judicial Code, which provides: Whenever a separate and independent claim or cause...remand all matters not otherwise within its original jurisdiction.33 This statute aims at preventing the defeat of removal otherwise available under the...
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Injuries and Damages from Hazardous Wastes: Analysis and ..., Deli 1–2

1982 - 564 strani
...lUltlfc) likewise expressly leaves such an assumption of jurisdiction to the discretion of the court: Whenever a separate and independent claim or cause...issues therein, or, in its discretion, may remand all amtters not otherwise within its original .jurisdiction, (rjriohasis supplied) 356 . See. e_.£. ,...
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Injuries and Damages from Hazardous Wastes: Analysis and Improvement ..., 2. del

1982 - 954 strani
...lUUlfc) likewise expressly leaves such an assumption of jurisdiction to the discretion of the court: Whenever a separate and independent claim or cause...may be removed and the district court may determine ell issues therein, or, in its discretion, may rermn-i all Tr.atters not otherwise within its original...
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