(Download) "Doe v. Kerwood" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Doe v. Kerwood
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 26, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
WISDOM, Circuit Judge: This Court granted the plaintiffs-appellants permission to take this interlocutory appeal because we wished to explore certain aspects of the right of the American Red Cross to remove cases to federal court. The plaintiffs contend that ""the power to sue and be sued"" clause, 36 U.S.C. § 2, in the federal charter of the American Red Cross does not confer original jurisdiction in federal court over all lawsuits in which the Red Cross is a party. They contend also that the petition of the Red Cross for removal was procedurally defective because one of the defendants did not join in the petition. After the oral argument in this case, the United States Supreme Court, in an unrelated case, decided the jurisdictional issue in favor of the Red Cross.1 Therefore, all that is left for this Court to determine is the procedural issue. We hold that 28 U.S.C. § 1441(a), under which this case was removed, requires that the Red Cross obtain the consent of all co-defendants in this case. Therefore, we reverse and remand this case to the district court with instructions to remand the cause to the state court from which it was removed.
 "Doe v. Kerwood" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free){kind=link}