Rick v. Hedrick, 11001.
| Court | United States District Courts. 8th Circuit. Western District of Missouri |
| Writing for the Court | Theodore C. De Feo, Kansas City, Mo., for plaintiff |
| Citation | 167 F. Supp. 491 |
| Parties | Jerry Bishop RICK, a Minor, by his mother and next friend, Edna M. Rick, Plaintiff, v. Wesley Ray HEDRICK, Hudson Oil Company of Missouri, Inc., a Kansas corporation, and Hudson Oil Company, Inc., a Missouri corporation, Defendants. |
| Docket Number | No. 11001.,11001. |
| Decision Date | 04 December 1958 |
167 F. Supp. 491
Jerry Bishop RICK, a Minor, by his mother and next friend, Edna M. Rick, Plaintiff,
v.
Wesley Ray HEDRICK, Hudson Oil Company of Missouri, Inc., a Kansas corporation, and Hudson Oil Company, Inc., a Missouri corporation, Defendants.
No. 11001.
United States District Court W. D. Missouri, W. D.
December 4, 1958.
Theodore C. De Feo, Kansas City, Mo., for plaintiff.
P. L. Edwards, Kansas City, Mo., for defendants.
R. JASPER SMITH, District Judge.
Plaintiff, a citizen of Missouri, originally brought this action in the Circuit Court of Jackson County, Missouri. The defendants are Wesley Ray Hedrick, whose citizenship is contested by the parties, Hudson Oil Company, Inc., a Missouri corporation, and Hudson Oil Company of Missouri, Inc., a Kansas corporation. Suit was instituted in state court on April 11, 1957. The petition alleges a joint cause of action against defendants for unlawful arrest and prosecution.
On May 3, 1957, defendant corporations jointly removed the litigation to this Court. The petition for removal alleges that the individual defendant Hedrick was a citizen of California at the time this action was commenced. It also states that Hedrick, who the corporate defendants maintain caused the warrant of arrest to be issued, had never been associated with Hudson Oil Company, the domestic corporation. With these allegations as a basis, it is then maintained that the joinder of the Missouri corporation was fraudulent. In essence the corporate defendants maintain that Hedrick was at the time this suit commenced a citizen of California; that Hedrick had no relationship with the Missouri corporation; and that the joinder of this entity was for the fraudulent purpose of defeating removal. This would leave a controversy between plaintiff, a citizen of Missouri, and the Hudson Oil Company of Missouri, a Kansas corporation, and Hedrick, a citizen of California.
The status of the individual defendant is interesting and novel for three
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Lancer Industries, Inc. v. American Insurance Company, Civ. A. No. 8098
...the Federal Court has jurisdiction, if the allegations of the petition for removal are contested. Rick v. Hedrick, D.C.W.D.Mo. 1958, 167 F.Supp. 491; Harrisville Co. v. Home Insurance Co. et al., D.C.S.D.N. Y.1954, 129 F.Supp. 300; Welsh v. American Surety Co. of N. Y., 5 Cir., 1951, 186 F.......
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Hagen v. Payne, No. 1748.
...diversity grounds the diversity must have existed at the time of the commencement of the suit." Rick v. Hedrick et al., (W. D.Mo.1958) 167 F.Supp. 491. The departure from the State by the defendant Payne after the suit was commenced did not create diversity of citizenship, and since at the ......
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Cooper v. GEORGIA CASUALTY & SURETY COMPANY, Civ. A. No. 4757
...all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction." 4 Rick v. Hedrick, 167 F.Supp. 491, 492 (W.D.Mo.1958); Puritan Fashions Corp. v. Courtaulds Ltd., 221 F.Supp. 690, 696 (S.D.N.Y.1963); Lancer Industries, Inc. v. Amer. Ins. Co.......
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Clarence E. Morris, Inc. v. Vitek, No. 22351.
...(both ignoring unserved codefendants). Contra, Wolsum v. J. W. Bateson Co. (W.D.Mo.1960) 182 F.Supp. 879; Rick v. Hedrick (W.D.Mo.1958) 167 F.Supp. 491. See discussion 1A J. Moore, Federal Practice 1172-74 (1965); id. at 12...
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Lancer Industries, Inc. v. American Insurance Company, Civ. A. No. 8098
...the Federal Court has jurisdiction, if the allegations of the petition for removal are contested. Rick v. Hedrick, D.C.W.D.Mo. 1958, 167 F.Supp. 491; Harrisville Co. v. Home Insurance Co. et al., D.C.S.D.N. Y.1954, 129 F.Supp. 300; Welsh v. American Surety Co. of N. Y., 5 Cir., 1951, 186 F.......
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Hagen v. Payne, 1748.
...diversity grounds the diversity must have existed at the time of the commencement of the suit." Rick v. Hedrick et al., (W. D.Mo.1958) 167 F.Supp. 491. The departure from the State by the defendant Payne after the suit was commenced did not create diversity of citizenship, and since at the ......
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Clarence E. Morris, Inc. v. Vitek, 22351.
...(both ignoring unserved codefendants). Contra, Wolsum v. J. W. Bateson Co. (W.D.Mo.1960) 182 F.Supp. 879; Rick v. Hedrick (W.D.Mo.1958) 167 F.Supp. 491. See discussion 1A J. Moore, Federal Practice 1172-74 (1965); id. at 12...
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Cooper v. GEORGIA CASUALTY & SURETY COMPANY, Civ. A. No. 4757
...all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction." 4 Rick v. Hedrick, 167 F.Supp. 491, 492 (W.D.Mo.1958); Puritan Fashions Corp. v. Courtaulds Ltd., 221 F.Supp. 690, 696 (S.D.N.Y.1963); Lancer Industries, Inc. v. Amer. Ins. Co.......